mobile phones repeatedly pop up advertisements, and it is not easy to "close with one click".
In order to standardize pop-up information push services, National Internet Information Office , the Ministry of Industry and Information Technology, and the State Administration for Market Regulation recently jointly issued the " Internet pop-up information push service management regulations " (hereinafter referred to as the "Regulations"), which will come into effect on September 30, 2022.
"Regulations" focus on key links such as pushing pop-up news information, content orientation of pop-up information, and advertising, and strive to solve problems such as using pop-up windows to push news information, pop-up advertisements are not obvious, advertisements cannot be closed in one click, malicious hype entertainment gossip, too many push frequency, unreasonable proportion of push information content, and inducing users to click to implement traffic fraud.
Since the State Administration for Market Regulation announced the "Internet Advertising Management Measures (Draft for Public Solicitation of Opinions)" (hereinafter referred to as the Draft for Comments)) in early December 2021, it is clear that the missing closing signs are strictly prohibited from being released on advertising, and the restrictions on closing advertisements cannot be set up before the countdown is over. In the "Regulations", the "Regulations" propose that pop-up advertisements should be recognizable, and the "advertising" and closing signs should be marked to ensure that pop-up advertisements can be closed with one click. In less than a year, the functional departments of the State Council have successively rectified pop-up advertisements that make people "unpreventable" and "unpredictable", allowing many industry insiders to feel the atmosphere of the storm of the Internet's all-round rectification.
The reporter noticed that the same is the governance of "pop-up window problems", which is different from the "Draft for Soliciting Opinions" of the State Administration for Market Regulation 9 months ago, focusing on the rectification of illegal and irregular Internet advertising phenomena. The "Regulations" of the three ministries and commissions will focus on maintaining network security, making the governance of "pop-up window problems" more in-depth and comprehensive.
The Regulations clearly state in the first article that its formulation is based on laws and regulations such as Network Security Law , Minor Protection Law , Advertising Law and Internet Information Service Management Measures . At the same time, it is clear that "providing Internet pop-up information push services should abide by the Constitution, laws and administrative regulations, promote socialist core values , adhere to the correct political direction, public opinion orientation and value orientation, and maintain a clear cyberspace."
The "Regulations" clearly state that if the Internet pop-up information push service is provided, nine requirements shall be complied with, of which more than half of the contents that maintain cyberspace security. For example, illegal and bad information clearly defined in the " Internet Information Content Ecological Governance Regulations ", especially malicious hype of entertainment gossip, scandal privacy, extravagance to show off wealth, and ugliness to pretend to be ugly, etc., and content that violates the public order and customs of , must not push related old news in a certain topic for the purpose of malicious speculation; if the Internet news information service license is not obtained, the news information shall not be pushed in pop-up windows. If the pop-up window push information involves other Internet information services, it shall be reviewed and approved by the relevant competent authorities or obtained the relevant license, the relevant authority shall be The regulatory authorities shall review and agree or obtain relevant permissions; if the news information is pushed in pop-up windows, they shall strictly follow the " Internet News Information Release Source Units " released by the State Internet Information Office. They shall not be reproduced beyond the scope, and shall not distort or tamper with the original meaning of the title and the content of the news information to ensure that the source of the news information is traceable; improve the diversity of information pushed in pop-up windows, scientifically set the proportion of news information and vertical fields, reflect the positive, healthy and upward mainstream values, and shall not be concentrated on pushing or hyping up social hot and sensitive events, vicious cases, disasters and accidents, etc., which will cause social panic.
"This shows that this "Regulations" is a vertical system and comprehensive coverage of the field. Compared with the past, the scope of governance is much larger." said , deputy director of the Communication Law Research Center of China University of Political Science and Law, , Zhu Wei, , said.
uses pop-up windows to hijack traffic, which makes people unpredictable, and many netizens have to passively accept and watch. In the future, this kind of chaos is expected to be cured.
The "Regulations" propose that algorithm models that induce users to indulge, over-consumption, etc., violate laws and regulations, or violate ethics and morals shall not be set up; algorithms shall not be used to implement malicious blocking of information, excessive recommendations, etc.; third-party links, QR codes and other information that maliciously drain and jump through pop-up information push; users shall not be induced to click through pop-up information push services, and traffic fraud and traffic hijacking shall be implemented.
Zhu Wei analyzed that the "Regulations" summarized the governance experience of pop-up information release, information dissemination, algorithm recommendation, etc. over the years, and included consumer rights protection , minor rights protection, national security and network security, and traditional pop-up advertising issues in the governance scope.
It is worth noting that this "Regulations" emphasize protecting the legitimate rights and interests of Internet consumers. For example, use service agreements, etc. to clearly inform users of the specific form, content frequency, cancellation channels of pop-up information push services, fully consider the user experience, and scientifically plan the push frequency; unreasonable differential pushes for ordinary users and member users, and do not interfere or affect users in any form to close pop-up information; pop-up information should be significantly marked with the identity of the pop-up information push service provider.
, which particularly attracted attention is that the "Regulations" particularly emphasize the protection of minors, and propose that algorithms should not be used to portray minor users and push information that may affect their physical and mental health.
Professor of the School of Law of Renmin University of China Liu Junhai believes that behind the infringement of the online privacy of minors, there are often black and gray industrial chains, and some are diverted from various platforms to chat tools, and the platform needs to strengthen governance coordination. Online platforms need to actively assume the main responsibility, create a safe and clean network environment, and safeguard the healthy growth of minors. If information is pushed illegally, it may not only be subject to administrative penalties, but may also lead to civil litigation.
The "Regulations" also strengthen the supervision of "pop-up window issues", proposing that Internet pop-up window information push service providers should consciously accept social supervision, set up convenient complaint and reporting portals, and promptly handle public complaints and reports about pop-up window information push services. At the same time, we encourage and guide Internet industry organizations to establish and improve industry guidelines for Internet pop-up information push services to guide the healthy and orderly development of the industry.
"The issuance of the "Regulations" will help prevent the wild growth and disorderly expansion of Internet companies, and will help to combat problems such as illegal pushing news information in pop-up windows, lack of obvious pop-up ad signs, malicious hype entertainment gossip, excessive push frequency, and excessive traffic fraud, and help create a clean and upright Internet ecological environment." Liu Junhai said.
Source | Rule of Law Daily
Editor | Liang Zeming
Editor:
Source: Rule of Law Daily
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