Rules for Internet "psoriasis" The State Cyberspace
Administration of China issued a draft for comments pointing to pop-up advertisements
□ Our reporter Han Dandong
□ Our intern Wang Yitian
How to regulate pop-up advertising, the Internet "psoriasis", is a commonplace.
In recent years, relevant departments have successively made corresponding provisions in laws and regulations such as the Advertising Law in response to Internet pop-up advertisements, and special governance activities have continued to advance.
Despite this, a reporter from the "Rules of Law Daily" recently investigated and found that malicious pop-up advertisements are still rampant on the Internet. Issues such as public order and good customs, abuse of personalized pop-up services, use of algorithms to block information, and over-recommendation are still widespread.
On March 2, the Cyberspace Administration of the People's Republic of China made another heavy blow against Internet pop-up advertisements, and issued the "Administrative Regulations on Internet Pop-up Information Push Services (Draft for Comment)" (hereinafter referred to as the "Draft for Comment"), and publicly solicited opinions from the public. .
The draft for comments requires that advertising information pushed by pop-up windows must be reviewed for content compliance, and must not violate relevant national laws and regulations; it should be identifiable, clearly marked with “advertising” to clearly indicate the user; and the pop-up window advertisements should be closed with one click.
According to Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, the release of this draft is closely related to the special governance actions of relevant departments on Internet pop-up windows in recent years.
At present, the chaos of pop-up windows on the Internet ranges from advertisements to content, from rumors to false clicks. It is urgent for the competent authorities to establish rules for Internet pop-up window advertisements.
The Exposure Draft responds to social concerns.
Many experts interviewed believe that this draft for comments is full of bright spots.
Cheng Ke, deputy director of the Cultural and Legal Research Center of Communication University of China, believes that the provisions of the draft for comments are not only more detailed and more enforceable, but also address several important issues in the field of Internet governance in recent years, such as algorithm governance, protection of minors, etc. , all responded.
Zhu Wei believes that, on the one hand, the highlights of the consultation draft are reflected in the provisions on penalties. When law enforcement and application of laws, multiple departments have formed a positive interaction; The fundamental rights of end users are guaranteed.
"In the past, the pop-up window we identified was limited to the pop-up window on the PC or mobile phone. The new regulations include all terminal devices, including traditional websites, mobile apps and operating systems."
Zhu Wei told reporters that the draft also emphasized the issue of the qualification of Internet news information.
He mentioned that the current problems of pop-up advertisements are mainly in safety and ethical standards. A large part of the current source of many rumors is the push of pop-up advertisements, and the content of pop-up advertisements also involves excessive consumption. , Obscene pornography.
This draft for comments requires that “without obtaining an Internet news information service license, news information cannot be pushed through pop-up windows.” The restrictions on qualifications can reduce the existence of non-compliant pop-up window advertisements to a certain extent.
In Zhu Wei's view, the "ensure one-click closing of pop-up advertisements" clearly required in the draft for comments is worth looking forward to.
"The pusher needs to be responsible for the security of malicious traffic and third-party links in the advertisement, and set the close button in a prominent position to avoid the existence of 'psoriasis'."
Gao Yandong, a researcher at the Zhejiang Institute of Public Policy and director of the Internet Criminal Law Research Center, Guanghua Law School, Zhejiang University, believes that while focusing on the correct public opinion orientation and value orientation in the content of the comments, the draft is also a step forward in protecting the rights and interests of users. step.
"Do not push information that may affect their physical and mental health to minor users; do not set rules such as algorithm models that induce users to indulge in addiction, excessive consumption, etc. that violate laws and regulations or violate ethics and morality, which reflects the protection of minors. Ensure that every bulletin The window information clearly shows the identity of the pop-up information push service provider, and sets up a convenient complaint and reporting portal for users. If the regulations are violated, the relevant departments such as the network information, telecommunications supervisor, market supervision and other relevant departments shall take warnings, fines, fines, etc. within the scope of their duties in accordance with relevant laws and regulations. Measures such as suspending the pop-up window function and stopping services have further improved the supervision and accountability mechanism." Gao Yandong said that the requirement to set up a convenient complaint and report portal has opened up channels for Internet users to protect their rights.
While affirming the bright spots, experts also put forward suggestions for improving the draft.
Gao Yandong believes that in terms of the protection of minors, the consultation draft only stipulates that information that may affect their physical and mental health shall not be pushed to minor users, but does not clarify what is "information affecting their physical and mental health", and how to distinguish between adult and juvenile users. Adult users are also a problem.
He suggested clarifying the type of information to be shielded from minors, and pushing adults and minors differently; in distinguishing between adult and minor users, real-name authentication can be used, and face or fingerprint recognition can be used to confirm the real identity, and Pay attention to personal information protection.
He also mentioned that the push of pop-up information must be reviewed manually, which is time-consuming and labor-intensive, and it is difficult to push some time-sensitive information in real time.
Therefore, he suggested that a whitelist system should be established for the pop-up information push service providers, and a group of legitimate and authoritative pop-up information service providers should be selected after review. , or manually review the pop-up information classification to improve review efficiency.