"Beauty Service", "Private Club", "Invoice on behalf of", "Withdrawal of Provident Fund"
Why shared bicycles become the new host of "psoriasis"
● Small advertisements on shared bicycles are not only illegal content, but also presented in various forms. Some of them exist in the form of QR codes, and they are also deliberately posted on the original QR codes, making it difficult for people to distinguish them from riding scanning QR codes at a glance. code difference
● Small advertisements attached to shared bicycles present new features of concealment, mobility and cunning.
For example, small advertisements on shared bicycles often use QR codes instead of phone numbers, which are not easy to track; the number of shared bicycles is large, and it is difficult to obtain evidence on the spot; most of them are off-site numbers, which are difficult to stop; New challenges for city management
● With the increasing number of illegal posters choosing off-site numbers, due to the restriction of jurisdiction, local communication operators cannot shut down illegal off-site numbers, which greatly restricts the deterrent force of investigation and crackdown. Therefore, it is imminent to carry out off-site illegal numbers shutdown.
□ Sun Tianjiao, Zhang Shoukun, a trainee reporter of this newspaper
□ Our reporter Zhao Li
At about 9:00 on May 24, the entrance of Jiangtai subway station in Chaoyang District, Beijing, was full of shared bicycles.
The baskets and body parts of some shared bicycles are covered with various small advertisements: 24-hour beauty service, provident fund withdrawal, renting, invoicing, private clubs, Beijing brand indicators...
At this time, it is the morning rush hour for work. In order to solve the problem of the "last mile" to work, many people choose to ride shared bicycles.
A young man picked two or three bicycles in a row and found that there were more or less small advertisements on the body. He joked to his friends: "Every bicycle has a small card for a beautiful date. When riding this bicycle, I feel I'm out of shape."
A reporter from the "Rules of Law Daily" saw at the scene that among the shared bicycles parked at the entrance of the subway station, one had the most small advertisements on it, with a total of 8 advertisements.
The reporter's investigation found that shared bicycles have become the new "host" of the small advertisement "psoriasis".
These small advertisements are not only illegal content, but also presented in various forms. Some of them exist in the form of QR codes, and they are also deliberately posted on the original QR codes, making it difficult for people to distinguish the difference from scanning QR codes while riding.
Experts interviewed believe that shared bicycles have become the new "host" of small advertisements, which will not only affect the experience of using shared bicycles, but also have adverse social impacts and potential harm in some illegal advertisements.
The small advertisements posted on shared bicycles are characterized by strong concealment and strong liquidity, which leads to difficulties in supervision. It is urgent for relevant departments and shared bicycle platform companies to work together to manage this urban "psoriasis" problem.
Advertisements are plastered on shared bikes
Affecting travel has been repeatedly complained
Scan the code, prepare to unlock, and suddenly an interface for adding friends pops up.
When Ms. Xu, who lives in Chaoyang District, Beijing, went out to scan the QR code of a shared bicycle not long ago, she was stumped by the "true and false QR code" on the back of the bicycle.
Shared bicycles usually have a QR code behind the seat for unlocking, but the car Ms Xu chose had two QR code signs of the same size.
When she opened the phone to scan the code, she scanned the wrong QR code many times, and the friend adding interface popped up. The account nickname was "Private Club ~ Xiaomei". In the circle, there are various pictures of sexy beauties and words such as "private club", "lingering" and "comfortable".
Ms. Xu said that she was "scalded by hot water" and immediately decided to change to a shared bicycle, but there were small advertisements on the four or five shared bicycles parked around.
"I feel particularly uncomfortable, as if my own bike-sharing behavior is being exploited and contributed to the spread of these advertisements."
It is not an exception for Ms. Xu to be troubled by small advertisements on shared bicycles.
The reporter recently visited many subway stations in Beijing and Tianjin, and the gates of residential areas where shared bicycles are densely parked, and found that shared bicycles with small advertisements have become "mainstream", and it has become difficult to find a clean shared bicycle.
For example, among the 57 shared bicycles near a subway station in Chaoyang District, Beijing, 39 have small advertisements; among the 69 shared bicycles parked near the leisure garden of a community in Jiuxianqiao Street, Chaoyang District, 40 have small advertisements. small ad.
In the afternoon, next to the shared bicycles in the leisure garden, children in school uniforms were playing nearby. Occasionally, curious boys and girls were attracted by the colorful cards in the shared bicycle baskets.
Mr. Chen, the parent of a girl in the first grade of junior high school, told reporters: "I have seen this kind of small advertisement once and tore it once, but it will never be torn clean. Some advertisements, when children see it, are really afraid that it will affect the children's mental health, and even more afraid that the children will come out. Explore out of curiosity.”
On the afternoon of May 19, the reporter found at the subway entrance of Chenglin Road, Hedong District, Tianjin, that 15 of the 30 shared bicycles nearby were affixed with small advertisements such as "loan", "withdrawal of provident fund" and "sale".
Mr. Li, a citizen who was scanning the code to unlock the vehicle next to him, told reporters that he had to cycle between his home and the subway station every day, and he could scan a shared bicycle with a small advertisement every two days.
"I have seen four or five kinds of advertisements most of the time. The QR codes on some cars are also blocked by advertisements or advertisement QR codes, which not only affects the appearance of the city, but also affects the normal use of vehicles."
The reporter's investigation found that most of the small advertisements on shared bicycles are illegal content, such as "beauty service", "private club", "invoicing on behalf of" and "withdrawal of provident fund".
In terms of form of expression, some blatantly display illegal content through text; some are colorfully printed with "beautiful" pictures to attract attention; there are also some advertisements with more formal content on the surface; ads for specific information.
The content of the advertisement is suspected of illegal
Comprehensive governance is imminent
Zhu Xiaojuan, deputy secretary general of the Commercial Law Research Association of China Law Society and associate professor of China University of Political Science and Law, told reporters that small advertisements with illegal content such as "beauty service" and "invoicing on behalf of others" are suspected of violating the Advertising Law, the Public Security Administration Punishment Law and the "City Appearance and Environment". Health Management Regulations and other laws and regulations.
In fact, even small advertisements without illegal content, such as "rental information" and "carving stamps", cannot be posted on shared bicycles at will.
According to Wu Di, a researcher at the National Governance Legalization Research Center of Hebei University, according to the Advertising Law, posting advertisements on shared bicycles without the permission of the operating company is suspected of infringement, and the operating company has the right to pursue relevant responsibilities.
In addition, many cities also have corresponding local regulations to manage and punish such behaviors. For example, the "Beijing City Appearance and Environmental Sanitation Regulations" stipulates that unauthorized use or organization of posting, scribbling, depicting, spraying, distributing slogans, publicity materials and advertisements for publicity If the circumstances are serious, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed.
However, on the shared bicycle application platform, the reporter found that there is no content for reporting and feedback on small advertising issues on each platform, only options such as failure reporting, safety issues, and lost items.
Regarding the proliferation of small advertisements on shared bicycles, the reporter recently called and consulted the customer service staff of several shared bicycle companies.
The replies received are similar: the relevant issues have been known, and the situation has been reported to the operation and maintenance department. If it is found offline, it will be cleaned up accordingly.
Among them, the customer service staff of Meituan Bicycle told reporters that they ensured that the body was clean and tidy when placing the vehicle. The lack of deployment and arrangement work sometimes fails to deal with the small advertisements of the body in time.
Zhu Xiaojuan said that the phenomenon that shared bicycles have become the new "host" of small advertisements shows that there are various degrees of absence in system supply, administrative supervision, and preventive measures for bicycle operators.
The proliferation of small advertisements on shared bicycles not only affects the appearance of the city and the urban environment, but also impacts the social management order. It may also lead to illegal and criminal activities and damage people's mental health.
High liquidity and strong concealment
Governance is difficult
Experts interviewed believe that the small advertisements on shared bicycles are different from the previous "urban psoriasis", and some new features caused by their attachment to shared bicycles have increased the difficulty of governance to a certain extent.
Zhang Zhen, head of the Small Advertising Management Section of the Cleaning and Guidance Center of the Nanjing Urban Management Bureau, Jiangsu Province, told reporters that in recent years, small advertisements attached to shared bicycles have presented new features of concealment, mobility and cunning.
For example, small advertisements on shared bicycles often use QR codes instead of phone numbers, which are not easy to track; the number of shared bicycles is large, and it is difficult to obtain evidence on the spot; most of them are off-site numbers, which are difficult to stop; New problems have arisen for urban management.
Zhu Xiaojuan proposed that for small advertisements on shared bicycles, it should be distinguished whether the platform should be placed as an advertising operator, or if it provides a channel to be placed as an Internet information service provider, or because the mobility of bicycles is too large and exceeds the platform operator. Serving due to abuse of the controls.
At this time, there should be different governance rules, different legal status, and different specific obligations of shared bicycle operators.
In Wu Di's view, some illegal advertisements in the small advertisements on shared bicycles, the content involved in the content is different according to the type of illegality, and needs to be cracked down by different departments such as public security, market supervision, and cultural tourism from the source according to law.
In order to avoid law enforcement, some unscrupulous personnel changed the communication number on the small advertisement to a QR code, which caused certain difficulties for the law enforcement department in collecting evidence and performing law enforcement procedures later. This problem needs to be solved urgently.
He also mentioned that, on the one hand, the governance of illegal small advertisements relies on on-site evidence collection, and on the other hand, the power of public supervision cannot be ignored.
But the biggest difference between shared bicycles and walls and poles is mobility.
During the on-site evidence collection by law enforcement agencies or the reporting process by citizens, some shared bicycles have been ridden away, or have been moved to other areas by managers.
Even if territorial management is strengthened, sometimes it is inevitable that there will be fish that slip through the net.
In recent years, many places have paid attention to and carried out the cleanup of small advertisements for shared bicycles.
For example, the Chengdu Anti-African Affairs Office of Sichuan Province launched a special campaign against illegally posting and writing advertisements in the second quarter of this year, and the governance of shared bicycle body "psoriasis" has become one of the key points.
The special rectification action time is from May 9 to June 20.
The reporter learned from the Small Advertising Management Section of the Cleaning and Guidance Center of the Nanjing Urban Management Bureau that in order to comprehensively curb the spread of small advertisements on shared bicycle bodies, the Nanjing Urban Management Department has paid close attention to the existing problems in recent years and has carried out a series of rectification work:
Department linkage, joint rectification.
Together with the Municipal Public Security Bureau, Municipal Transportation Bureau, Municipal Housing Provident Fund Management Center and other departments, they interviewed 3 bicycle-sharing companies in Nanjing, informed them of their cleaning obligations and legal responsibilities, issued a rectification notice, and asked the companies to come up with rectification plans and set up a professional cleaning team. , implement the cleaning responsibility, strictly follow the ratio of 20/10000-15/10000 people and vehicles, allocate all cleaning personnel, focus on increasing the cleaning of subway transfer areas, colleges, window areas, and surrounding commercial center squares, and continue to promote prevention Paste shared bike replacement work.
Special spot checks to urge rectification.
Since 2021, the urban management department has carried out multiple rounds of random inspections of small body advertisements across the city, formed a notification, and gave feedback to enterprises as soon as possible, and guided the interviewed enterprises to do a good job in rectification work.
Within the rectification period, those who refuse to rectify will be reduced according to the relevant measures of parking management.
Innovation management, technology application.
On the one hand, it instructs the jurisdiction to specifically squeeze out space for small advertisements on shared bicycle bodies, set up a cleaning site for bicycle companies, and provide a strong guarantee for companies to return to the field for cleaning. Consciously boycott illegal small advertisements; on the other hand, comprehensively guide companies to use anti-sticking materials on shared bicycles newly launched in the Nanjing market. New cars are all coated with anti-sticking coating, stickers, etc. Most of the body parts adopt detachable replacement technology, such as car bumpers, baffles and other parts, and some use hollow-out designed car baskets, adding plastic meshes in the chassis of the car basket to reduce the adhesion of small advertisements.
Judging from the use feedback, the body advertisements using new materials and new technologies are significantly less than those of unused vehicles.
Involves multiple governance bodies
Departmental Platform Collaborative Co-governance
The interviewed experts generally believed that since multiple governance bodies are involved, the concept of collaborative governance needs to be implemented when dealing with the flood of small advertisements for shared bicycles, and the relevant authorities, bicycle operators and consumers need to play a role together.
Zhang Zhen believes that it is necessary to form a basic pattern of participation of all parties and joint prevention and control.
Urban management, transportation, public security and other relevant departments have formed mechanisms such as joint meetings, handover of clues, information sharing, and situation feedback to minimize the living space of small advertisements.
For the relevant regulatory authorities, Zhu Xiaojuan suggested that relevant management norms should be actively formulated, and complaints should be dealt with and given feedback in a timely manner.
Wu Di suggested that law enforcement officers take photos on the spot to collect evidence, record the contact information on illegal small advertisements, and impose administrative penalties on the posters.
At the same time, various relevant departments implement joint supervision, and through coordination with network monitoring departments, QR code operators and other units, new means to cut off the transmission chain are added.
For shared bicycle operators, Zhu Xiaojuan believes that if the advertisement is published by the enterprise itself or as a channel, a process-based working mechanism of pre-review, in-process tracking, and post-event feedback and correction should be done well. Take measures to avoid the expansion of losses or adverse effects; for the malicious use of bicycles to publish illegal advertisements, although it is difficult for the operator to control, they can give consumers a safety reminder when the QR code pops up on the bicycle.
In Zhang Zhen's view, the governance of small advertisements on shared bicycle bodies also requires extensive participation of consumers.
Bicycle users and citizens can take pictures of uncivilized behaviors around them, and report relevant information to the platform and law enforcement agencies in a timely manner.
"It can also be explored to remove barriers technically and stop off-site number providers. With the increasing number of illegal posters choosing off-site numbers, restricted by jurisdiction, local communication operators cannot stop illegal off-site numbers, which greatly restricts investigation and crackdown. Therefore, it is imminent to carry out the shutdown of illegal numbers in different places." Zhang Zhen said.