Dong-a Ilbo reporter Man Jeong
□ Liu Xin, an intern reporter of our newspaper
With repeated ads popping up on your phone, it's not easy to turn them off with one click.
In order to standardize pop-up information push services, the Cyberspace Administration of China, the Ministry of Industry and Information Technology and the State Administration for Market Regulation jointly issued the Administrative Provisions on Internet pop-up Information Push Services (hereinafter referred to as the Provisions), which will come into force on September 30, 2022.
The regulations on news information push window, pop-up message content oriented, pop-up ads and other key link, the address using popup window violations push news information, pop-up ads logo is not obvious, advertising can't malicious hype entertainment gossip, push a button to turn off, the frequency of too much abuse, push the irrational proportion of information content, the induction of user clicks on the implementation of fraud in the flow problem.
From released early December 2021 state administration of market supervision and management of the Internet advertising management approach (public draft) "(hereinafter referred to as" draft "), a clear lack of advertising is prohibited close logo, shall not be set up to close the end of the countdown advertising restrictions, etc., to the regulations proposed pop-up push advertisements shall be the recognition of information, Marked "advertising" and close signs, to ensure that the pop-up advertising can be closed by a key, less than a year, the functional departments of The State Council have to let people "impossible to guard against" and "vexed" pop-up advertising to clean up, let many industry insiders feel the atmosphere of the Internet comprehensive rectification storm.
The rule of law journal reporter noticed that the same is governance "pop-up" problem ", from the state administration of market supervision and management of the 9 months ago "draft" focuses on the regulation of the Internet advertising illegal phenomenon, the three ministries and the regulations will attack the emphasis on maintaining network security level, let "pop-up" problem "deeper comprehensive governance.
The regulations in article 1 begins the pointed out that the formulation is based on network security law, minors protection law, advertisement law and the measures for the administration of Internet information service "and other laws and regulations, at the same time clear" provide Internet popup information push service, shall abide by the constitution, the laws and administrative regulations, carry forward the socialist core values, Uphold the correct political direction, public opinion and value orientation, and maintain a clean cyberspace."
The Regulations clearly list nine requirements that those providing Internet pop-up information push services should comply with, more than half of which are about safeguarding cyberspace security. For example, it is forbidden to push illegal and undesirable information specified in the Regulations on Ecological Governance of Online Information Content, especially malicious speculation of entertainment gossip, gossip privacy, extravagant display of wealth, judging the ugly ugly and other contents against public order and good custom, and it is forbidden to push relevant old news related to a topic for the purpose of malicious speculation. Without the permission of Internet news information service, news information may not be pushed through the pop-up window. If the information pushed through the pop-up window involves other Internet information services, and should be examined and approved by the relevant competent department or obtained the relevant permission according to law, the relevant competent department shall examine and approve or obtain the relevant permission; To push news information through the pop-up window, it shall strictly follow the List of Internet News and Information Manuscript Sources published by the Cyberspace Administration of China, and shall not reprint beyond the scope, distort or tamper with the original meaning of the title and the content of the news and information, and ensure that the news and information source can be traced back; We should improve the diversity of popover information, scientifically set the proportion of news information and content in vertical fields, and reflect the mainstream values of positive, healthy and upward. We should not focus on pushing or sensationalizing hot and sensitive social events, malignant cases, disasters and accidents, which may cause social panic.
"This shows that the regulation is a vertical system with comprehensive coverage, and the scope of governance is much larger than before." "Said Zhu Wei, deputy director of the Communication Law Research Center at China University of Political Science and Law.
The use of popover hijacking flow is impossible to guard against, many netizens have to passively accept and watch. In the future, this kind of disorder is expected to be eradicated.
According to the Regulations, algorithm models that violate laws and regulations or ethics, such as inducing user addiction or excessive consumption, shall not be set up; The algorithm shall not be used to implement malicious blocking information, excessive recommendation and other behaviors; Third party links, QR codes and other information of malicious diversion jump shall not be presented by popover information push; The pop-up information push service shall not be used to induce users to click, and traffic fraud and traffic hijacking shall not be carried out.
Zhu Wei said that the regulation summarizes years of governance experience on popover information release, information dissemination, algorithm recommendation and other issues, including the protection of consumer rights and interests, the protection of minors' rights and interests, national security and network security, as well as traditional popover advertising issues into the scope of governance.
It is worth noting that the regulations emphasize the protection of the legitimate rights and interests of Internet consumers. For example, the service agreement clearly informs the user of the specific form, content frequency and cancellation channel of the pop-up information push service, fully considers the user experience, and scientifically plans the push frequency. It is not allowed to push unreasonable differences between ordinary users and member users, and it is not allowed to interfere or influence users to close popovers in any form; The identity of the popover information push service provider shall be prominently marked in the popover information.
Of particular concern is the special emphasis placed on the protection of minors in the Regulation, which states that algorithms should not be used to profile minors and push information to them that may affect their physical and mental health.
Liu Junhai, a professor at Renmin University of China Law School, believes that there is often a black and grey industrial chain behind the violation of minors' online privacy, some of which are diverted from various platforms to chat tools, which requires platforms to strengthen governance coordination. The network platform should actively assume the main responsibility, create a safe and clean network environment, and escort the healthy growth of minors. If you push information illegally, you may not only be subject to administrative penalties, but also may lead to civil lawsuits.
The Regulations also strengthen the supervision of "popover problem", and propose that Internet popover information push service providers should consciously accept social supervision, set up convenient complaint reporting entrance, and timely handle public complaints and reports about popover information push service. At the same time, encourage and guide the Internet industry organizations to establish and improve the Internet pop-up information push service industry guidelines, to guide the healthy and orderly development of the industry.
"This introduced the regulations to prevent Internet enterprise savage growth, sprawl, is advantageous to the governance of pop-ups illegal push news information, pop-up ads logo is not obvious, malicious hype entertainment gossip, push frequency too excessive, implementation flow fraud, fresh air is beneficial to build wind is the ecological environment of the Internet." "Liu Junhai said.