China News Service, September 9th, China Consumers Association website news, in response to consumers' hotly discussed video platform VIP membership service and advanced on-demand mechanism, the China Consumer Association published an article pointed out that the video platform meets the needs of users and provides VIP membership services , We should respect consumers, abide by the principle of good faith, abide by the law, and eliminate profiteering, illegal bullying, and overlord clauses.

I hope that all video platforms will have less routines and be more sincere, and really work hard to improve the user experience, so that every penny spent by consumers can receive due feedback that matches the quality and price.

Screenshot of China Consumers Association website

　　The article mentioned that from consumer complaints, the main issues reflected are as follows: First, consumers believe that they have purchased members and enjoy the membership rights of watching dramas in advance, question the rationality of the subsequent introduction of advanced on-demand charges, and believe that they are suspected of repeated charges. .

Second, consumers reported that during the Spring Festival, the video platform unilaterally modified the update cycle of popular dramas, from the original update of two episodes a day from Wednesday to Sunday, to two episodes a day from Saturday to Sunday, with 4 episodes less broadcast per week. The introduction of paid advanced on-demand broadcasting has damaged the rights and interests of members.

The third is that the platform promotes that full members will be free of advertisements. In fact, the advertisements at the beginning of the video are removed, and various advertisements are still repeatedly inserted in the middle of the video.

Fourth, the membership service has not expired, and consumers are automatically renewed without their knowledge, believing that the platform is buying and selling.

Some consumers reported that the video platform agreement stated that renewal reminders will be sent 5 days before the expiration of the automatic renewal membership.

In fact, the payment was directly deducted without fulfilling the obligation of prompting or confirming with the consumer.

　　In this regard, the views of the China Consumers Association are as follows:

　　Advance on-demand replay is voluntary, and the episode-by-episode restriction must be lifted.

Advance on-demand service is a new service launched by major video platforms last year.

Prior to this, some video platforms stipulated that VIP members enjoy the rights of "Hot TV series and self-made series can be watched in advance).

For the old members who have purchased VIP services before the launch of the advance on-demand service, the video platform shall provide services in accordance with the original membership agreement, and shall not increase the fees by modifying the format clauses, and charge advance on-demand fees from the old members whose VIP services have not expired, thereby reducing losses The old members have the right to watch movies in advance according to the original membership agreement.

For new members after the advance on-demand service is launched, the video platform should clarify the rights and benefits that members enjoy, and must not deliberately slow down the pace of video updates for the purpose of charging advance on-demand fees, and damage the existing rights of ordinary consumers and members.

In addition, the video platform stipulates single episode charges, episode-by-episode purchase, or episode-by-episode unlocking. Regardless of whether consumers need it, they must be ordered in order to achieve advance on-demand. This harms consumers' right to choose and violates consumers' true wishes.

Recently, the Shanghai Consumer Protection Committee has clearly criticized the issue of the video platform’s advanced on-demand restrictions on unlocking episodes.

Two platforms have promised to make improvements, support the unlocking of anthologies, and enhance user experience. However, some video platforms still turn a deaf ear to protecting users' viewing experience, ignoring consumers' voices and harming consumers' legitimate rights and interests.

　　Advertising privileges should be guaranteed, and illegal notifications should be eliminated.

Some video platforms claim that VIP members have advertising privileges. In fact, they can automatically skip pre-post ads and manually close pre-post content recommendations. Various other ads are still coming in, such as mid-insertion ads, pop-up ads, pause ads, and previous news. Feed advertisements, marquee advertisements, end-of-credit advertisements, oral labeling, placement advertisements, etc. The advertising time, number of placements, and number of broadcasts have increased with the advancement of the plot, causing consumers to be overwhelmed. VIP money is spent, but it can’t really Remove ads.

Many video platforms stated in the agreement that the above-mentioned advertisements may not be eliminated, and they hope that consumers will understand and accept them.

However, relevant advertising push behaviors should first comply with laws and regulations.

Article 17 of the "Administrative Measures for the Broadcasting of Radio and Television Advertisements" stipulates that "When a TV series is broadcast, advertisements shall not be inserted in any form in the middle of each episode (forty-five minutes)." Article 18 stipulates, "Except for movies and TV series. It is forbidden to broadcast any form of hanging advertisements in theaters or festivals (columns) except for the title mark." Some video platforms even violate Article 44 of the "Advertising Law" by pushing pop-up advertisements that cannot be closed with one click.

Therefore, to protect the advertising privileges of members, we must first ensure that the advertising behavior is legal, prevent illegal pushes, and give consumers a clear and clear viewing space.

　　The automatic renewal routine is deep, and the billing rules should be fair. Some video platform VIP membership service agreements stated, “After you activate the automatic renewal service, according to the deduction channel, (the platform) will automatically perform the payment from your account 1-3 days before the expiration of each billing cycle. Deduction. If you need to cancel the automatic renewal, you should do it at least 3 days before the billing period expires." However, the relevant agreement is not easy to find in the mobile APP, and the cancellation time limit is different from the general understanding of the public. Once you forget the relevant regulations , If you do not cancel the automatic renewal in advance, you may face forced deductions. Article 18 of the Measures for the Supervision and Administration of Online Transactions stipulates that if online transaction operators provide services by means of automatic renewal, they shall draw consumers’ attention in a significant way before consumers accept the service and five days before the date of automatic renewal. Many consumers report that the relevant video platform has not fulfilled the corresponding significant notification obligation. Some video platforms even stipulate in the VlP agreement: "You confirm and agree that (the platform) has the right to adjust the price of the service.... If you cancel (automatic renewal) within 24 hours before the subscription period expires, the relevant entity The withholding service may be stopped after deducting the service fee for the next subscription period according to the adjusted service fee.” Consumers have clearly cancelled the automatic renewal fee, and still need to be forced to renew the fee according to the changed fee. The relevant format clause violates the "Consumer Article 26 of the Law on the Protection of Rights and Interests stipulates that it excludes consumer rights, increases consumer responsibilities, and is suspected of compulsory transactions.

　　The agreement must not be changed at will, and the rights and interests of users must be implemented.

Some video platform VIP member service agreements stipulate that (the platform) has the right to change the content of the agreement. Once the agreement changes, it will be notified through corresponding pages, system prompts, information pushes, background announcements, etc. If consumers continue to use VIP services, it will be All content that has been agreed to change.

The updated agreement shall take effect from the date of release of the updated version.

According to Article 34 of the "E-Commerce Law", "E-commerce platform operators should publicly solicit opinions in a prominent position on their homepage when revising platform service agreements and transaction rules, and take reasonable measures to ensure that relevant parties can fully express their opinions in a timely manner. Modified content It should be publicized at least seven days before implementation." Article 28 of the "Internet Transaction Supervision and Administration Measures" also stipulates that the historical versions of the three years prior to the revised version of the service agreement should be preserved for consumers to consult and download.

Operators modify the service agreement at will without saving the historical version, making it difficult for consumers to know whether their rights have been impaired, and it is difficult to protect their rights.

Some video platform VIP agreements also stipulate that "(platform) has the right to transfer all of its rights and obligations under this agreement to any (platform) affiliate without your consent, but guarantees that the transfer will not Affect or damage your previous rights." Such general self-authorization regulations, which exclude or restrict consumer rights, are obviously unfair and unreasonable.

　　The China Consumers Association believes that the video platform that meets the needs of users and provides VIP membership services should respect consumers, abide by the principle of good faith, abide by laws and regulations, and eliminate profiteering, illegal bullying, and overlord clauses.

We hope that all video platform operators will conduct self-inspection, take the initiative to rectify, take less routines, be more sincere, take due obligations and responsibilities in accordance with the law, effectively protect the legitimate rights and interests of consumers, and really work hard to improve the user experience, so that consumers can spend it For every penny, you can get due feedback that matches the quality and price.