The content is exaggerated or even false, all parties shirk the blame and no one is responsible

The advertising "routines" printed on the express list need to be regulated urgently for consumers

  Our reporter Zhao Chenxi

  "Don't dismantle first! Pull out your mobile phone" "Don't tear it up! You have a red envelope to receive" "Scan the code to receive benefits, good luck will never stop"... When unpacking the express, have you noticed these QR codes on the express slip? advertise?

Most of these advertisements are printed below the receipt and delivery information of the courier receipt, and a QR code is attached at the same time.

However, most of these QR code advertisements containing "grand prizes" are false.

  Chen Yinjiang, deputy secretary general of the Consumer Rights Protection Law Research Association of the China Law Society, pointed out in an interview with a reporter from the "Rules of Law Daily" recently that advertisements printed on express delivery slips are also regulated by the Advertising Law. The party shall be responsible for the authenticity of the published advertisement, otherwise it shall bear the corresponding legal responsibility in accordance with the law.

  Scan code advertisements are "full of routines"

  As an online shopping expert, Wang Cong, who lives in Shijingshan District, Beijing, rarely reads the information on the express package, but when he took the express to take the elevator, he found that he may have missed a lot of "treasures" before.

  Under the express delivery form, Wang Cong saw an advertisement that read "Scan the code for a surprise". After trying to scan the QR code attached to the advertisement, the system automatically jumped to a lottery platform.

According to the prompts, Wang Cong was lucky enough to win a "limited bracelet", but when he was about to redeem the prize, he found that the lottery platform requires you to fill in personal details, including personal phone number, address and even ID number. , at the same time, you must pay 99 yuan for postage before you can get this prize.

  Considering that this so-called "limited bracelet" does not even have a specific brand, and the lottery platform has no customer service to consult, Wang Cong considered it again and again and chose to give up.

  There are not a few people who have the same experience as Wang Cong. Zheng Chunhua, who lives in Chaoyang District, Beijing, has been paying attention to express delivery advertisements for a period of time. She has participated in activities such as scanning the code to receive red envelopes, scanning the code for lottery, and scanning the code to send gifts. The discovery is "full of routines".

  "Most of the advertisements like scanning the code to get the red envelope require you to download a certain app in order to get the red envelope rebate, but if you want to withdraw cash, you need to continue to share the download link with other people, and it is possible to withdraw the cash after sharing multiple downloads. The routine of scanning the QR code for lottery is similar to that of scanning the QR code to send a good gift. Basically, you can win the lottery. The purpose of the merchant is to obtain your personal information and charge high postage." Zheng Chunhua once scanned the code to win two buckets of laundry detergent. After paying the postage When I received the laundry detergent, it was simply some unknown product. After searching the price online, I realized that the price of two buckets of laundry detergent has not yet paid for the high postage.

  In response to the advertising of express delivery orders, Anhui Provincial Consumer Protection Committee tested, counted and analyzed 1,111 samples of express delivery receipts from mainstream express companies on the market from November 11 to December 25, 2021. The results show that, The phenomenon of express face single advertisements is very common. There are 674 samples containing QR code small advertisements, accounting for 60.67%.

According to the survey on the proportion of "advertising" in the express delivery samples of various express companies, the express company with the highest proportion of "advertising" has more than 80% of the samples with "advertising".

Most of these advertisements are suspected of exaggeration or even false propaganda, and some of them have been "suspended" because the promotion content is suspected of fraud.

  Suspected of publishing false advertisements

  Many express delivery practitioners are not surprised by the express delivery advertisements. A staff member of a rookie station in Haidian District, Beijing reminded reporters: "Don't scan the code, it's all a lie."

  At the rookie station, the reporter noticed that the current situation of express delivery orders has improved. There are almost no advertisements on the express delivery orders of SF Express and JD.com, and some express delivery orders of other express companies still have barcode scanning advertisements printed on them.

  "Who put the advertisement on the express delivery list?" Faced with the reporter's question, the staff of the Cainiao Station said that the source of the advertisement was not very clear, but because there was no advertisement on the express delivery list of the parcel picked up by Cainiao. , so the advertisements on the express delivery form are likely to be printed on the e-commerce platform or the seller's link.

  In this regard, the reporter asked some e-commerce platform merchants, and the merchants said that the QR code advertisement was already printed on the express face sheet at the beginning of printing, so it should be the advertiser and the express company that cooperated in advertising.

  The reporter searched the Internet with "express advertisement" as the key word, and found that some advertising companies clearly indicated that they would undertake the "express face single advertisement" business.

A staff member of an advertising company revealed that this type of courier company or rookie station and the advertising company usually cooperate with the delivery of such express receipt scanning advertisements. For example, his company mainly undertakes the Cainiao electronic receipt advertisement business. The company is mainly "four links and one reach".

  However, a staff member of a courier company bluntly stated to the reporter that the courier company only provides logistics services, and the normal information template of the courier receipt only has the recipient's name, mobile phone number, address and the tracking number of the courier. As for other content, consumption If there is a problem with scanning the code by yourself, the courier company will not bear the corresponding responsibility.

  Chen Yinjiang put forward a different view.

In his view, no matter who prints the advertisement on the express delivery slip, since it appears on the express delivery slip, the express company is actually the role of the advertisement publisher, and not only has the obligation to review the content of the advertisement on the express delivery slip , once a problem occurs, it is difficult to take responsibility.

  "The advertisements on express delivery orders are also regulated by the Advertising Law. According to the Advertising Law, if false advertisements are published to deceive or mislead consumers, so that the legitimate rights and interests of consumers who purchase goods or receive services are damaged, the advertiser shall bear the responsibility according to law. Civil liability. If the advertiser and advertiser cannot provide the advertiser's real name, address and valid contact information, consumers can ask the advertiser and advertiser to compensate first." Chen Yinjiang believes that if the express company does not carry out If it is necessary to review, or if you know it is a false advertisement and still publish it, you will be jointly and severally liable with the advertiser.

  Liu Junhai, a professor at the Law School of Renmin University of China, agreed.

In his opinion, some current express delivery advertisements attract consumers to scan the code for lottery draws or receive awards by inducement, but "the drunkard's intention is not to drink", which not only obtains the personal information of the code scanner, but also makes it almost impossible for the scanner to scan the code. The coders who draw the promised prizes on the packaging have been suspected of publishing false advertisements, violating the legitimate rights and interests of consumers.

Therefore, the courier company has the obligation and responsibility to review the advertising content on the "own" express delivery sheet, and ensure that the advertising content printed on it does not infringe the legitimate rights and interests of consumers.

  Improve laws and strengthen supervision

  Is it legal to print advertisements on express delivery slips?

  In this regard, Zhang Zhenyu, director of the Law Department of Taiyuan University of Technology, believes that if the shopping is successful, the ownership of express delivery and its package belongs to the consumer, and the express delivery company does not have the ownership. The unauthorized printing of advertisements violates the owner of the package. The right to benefit from the outer packaging.

However, he also said that whether express companies can print advertisements on express receipts is not clearly stipulated in my country's Advertising Law and other relevant laws and regulations. Advertisements of a business nature shall not be printed.”

  "The current law does not explicitly prohibit the publication of advertisements on express delivery receipts, so this kind of behavior is not illegal." But Chen Yinjiang said that advertisements printed on express delivery receipts must comply with the relevant provisions of the Advertising Law to ensure that The content of the advertisement is true and accurate, otherwise it will be suspected of breaking the law and bear legal responsibility.

  In view of the universality of express advertising, Zhang Zhenyu believes that market supervision and management and other regulatory authorities should also further play a regulatory role, carry out special governance actions for express advertising, and establish a comprehensive, timely and long-term supervision mechanism to protect the legitimate rights and interests of consumers.

  Liu Junhai noticed that many advertisements on the current express delivery order are aimed at obtaining the personal information of the code scanner, which brings hidden dangers to the safety of consumers' personal information.

While reminding consumers not to scan the QR codes of such advertisements, let alone fill in personal identification information at will, he suggested that relevant departments should consider introducing or amending relevant laws as soon as possible to regulate and restrict the legality of express advertisements from the legal level. , and make specific provisions on the publishing process, advertising types, responsible subjects, etc. of express advertisements, clarify the rights and obligations of advertisement publishers, express delivery companies and consumers, and incorporate express advertisement supervision into the track of the rule of law. Law can follow.

The regulatory authorities should not only strictly review and inspect all kinds of express delivery advertisements, but also severely punish those responsible for publishing inductive and fraudulent advertisements, making them pay the legal price.

Keywords: