Recently, the State Internet Information Office, the Ministry of Industry and Information Technology and the General Administration of Market Supervision jointly issued the Administrative Provisions on Internet Pop up Information Push Service (hereinafter referred to as the Provisions), which will come into force on September 30, 2022. The relevant person in charge of the State Internet Information Office said that the regulation aims to strengthen the standardized management of pop-up information push services, safeguard national security and social public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy and orderly development of Internet information services.
Put forward nine specific requirements
Internet pop-up information push service refers to the information push service provided to Internet users in the form of pop-up message windows through operating systems, applications, websites, etc; Internet pop-up information push service providers refer to organizations or individuals that provide Internet pop-up information push services.
The problem of Internet pop ups has been criticized for a long time. In recent years, many departments have cooperated and frequently played a combination of fists, which has achieved remarkable governance results. However, some illegal pop-up messages have been repeatedly banned and constantly appear in new varieties, which not only affects users' mood, destroys the Internet experience, reduces work efficiency, but also has information loopholes and security risks.
Experts said that with the rapid development of the Internet and the wide application of mobile applications, the pop-up information push service is constantly emerging new situations and new problems, which need to be standardized to adapt to the situation.
The regulations propose that Internet pop-up information push service providers 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 clear cyberspace. At the same time, the regulations require that Internet pop-up information push service providers should implement the main responsibility of information content management, establish and improve information content audit, ecological governance, data security and personal information protection, minors protection and other management systems.
The regulations emphasize that Internet pop-up information push service providers should comply with nine specific requirements, including optimizing the ecology of push content, strengthening the management of Internet information service qualifications, standardizing news information push, scientifically setting the proportion of push content, improving the review process of push content, strengthening the protection of user rights, reasonable algorithm settings, standardizing advertising push, and eliminating malicious diversion.
Draw a clearer regulatory red line
It is worth noting that the regulations, based on the current reality, focus on the key links such as pop-up news information push, pop-up information content orientation, pop-up advertising, and strive to solve the problem of using pop-up windows to push news information in violation of regulations, the pop-up advertising logo is not obvious, advertising cannot be closed by one button, malicious speculation of entertainment gossip, excessive and excessive push frequency, unreasonable proportion of push information content Induce users to click to implement traffic fraud and other issues.
It is reported that some lawbreakers use pop-up information and the convenience and concealment of "blockbuster advertising" to implant rogue software and malicious code into users' mobile phones, making mobile phones repeatedly jump out of advertising and unable to use normally, in order to increase the amount of advertising for profit. The serious ones even directly monitor the user's information and illegally peddle it, which infringes the user's personal privacy.
Some users said that such pop-up ads and "blockbuster ads" have no icons on the desktop, so they are difficult to find. Even if the software is found, the uninstallation will continue to appear, just like a virus, which is impossible to prevent. Young people are still unable to distinguish accurately, and older people are more likely to recruit.
Experts said that the regulation drew a clearer regulatory red line: users should not be disturbed or influenced to close pop-up windows in any form; Pop up advertising information shall be identifiable, marked with "advertising" and closing signs to ensure that pop up advertising is closed with one click.
In addition, in order to strengthen the punishment, the Measures for the Administration of Internet Advertising (Draft for Public Comments) (hereinafter referred to as the Draft for Comments) released by the Market Supervision and Administration Bureau has also made a clearer division of the responsibilities of each subject in advertising activities.
Experts said that the idea of the draft is to further clarify: for illegal pop-up ads that "cannot be closed with one click", such as "blockbuster ads", advertising is mainly responsible for legal liability; Advertisers, advertising agents and advertisement publishers will bear corresponding legal responsibilities for those who cheat or mislead users to click advertisements.
At the same time, the draft also made it clear that platform operators providing Internet information services should take measures to prevent and stop false illegal advertising, improve the technical measures to detect and deal with advertising promotion for illegal and criminal activities, and implant malicious code or insert illegal information into advertising services. If the Internet platform operator knows or should know that the Internet advertising activities are illegal and does not stop them, he or she will be punished in accordance with relevant laws and regulations.
The police remind that users should choose a formal app store or official channel to download the application software, and not easily click on unfamiliar links or scan the QR code. If they find their legitimate rights and interests are violated, they should contact the regulatory authorities or the police in a timely manner.
Industry insiders believe that this is a good start, and also a wake-up call for Internet pop-up information service providers: the idea of using scientific algorithms to push is good, and it also brings users a lot of convenience, but no user wants to accept information that is nutrient free or even harmful every day.
Strengthening governance from the source is the key
In the network era, information is business opportunities, and traffic brings benefits. The problem of illegal pop-up window has been repeatedly prohibited. In the final analysis, it is the profit seeking impulse of bad businesses and publishing platforms.
In recent years, various pop-up ads have emerged one after another, which has hurt the public deeply. Such ads always guide users to click with news like titles, without indicating that they are advertisements. The closed option cannot be found after opening. It can only be solved by forcibly closing the application.
As netizens said, these advertisements are just like "psoriasis". They always die and live on mobile phones. It can be said that "advertisements are inexhaustible and spring breeze is blowing again".
In fact, it is the key to strengthen the management of pop-up ads from the source.
Industry insiders said: "The revenue of the platform is calculated according to the number of user clicks, and users will be charged from 0.1 yuan to 0.3 yuan for each click." It is reasonable for the platform to make money by pushing information, but it cannot lose self-discipline and disregard social responsibility. According to laws and regulations, the platform has the responsibility to adhere to the correct political direction, public opinion orientation and value orientation, improve the management specifications of pop-up information push content, improve the information screening, editing, push and other work processes, equip the audit force appropriate to the service scale, and maintain a clear network space.
For network information push service providers, information content is equivalent to its "product", and the quality of "product" determines the survival and development of the platform.
Experts said that instead of playing tricks and realizing the flow through infringing the rights and interests of users, we should actively explore how to make the business model operate better on the basis of legality and compliance. To optimize user experience, enhance reputation and promote the stability of the platform, we should abandon the traffic myopia, go out of the "routine" misunderstanding, start from user needs, control content quality, reasonably set algorithms, standardize advertising push, and eliminate malicious marketing. (Yiyan)
main points:
The Regulations on the Administration of Internet Pop up Information Push Service, based on the current situation, focuses on the key links such as pop up news push, pop up information content orientation, and pop up advertising, and focuses on solving the problem of using pop ups to push news information in violation of regulations, the logo of pop up advertising is not obvious, advertising cannot be closed with one click, malicious hype of entertainment gossip, excessive and excessive push frequency The proportion of pushed information content is unreasonable, and users are induced to click to implement traffic fraud.
Viewpoint:
The Regulations on the Administration of Internet Pop up Information Push Service was formulated on the basis of not only the Advertising Law, but also the Network Security Law, the Juvenile Protection Law, and so on. This shows that this regulation is a vertical system with comprehensive coverage in the field, and its governance scope is much larger than before—— Zhu Wei, Deputy Director of Communication Law Research Center of China University of Political Science and Law
