"Shake" advertising cannot be shaken out of bounds

2024-01-22

When holding the phone, there is a slight shake, and when walking, there is a slight fluctuation in the center of gravity... The phone interface will display a "shake" jump advertisement, causing consumers to be overwhelmed and helpless. Recently, the China Consumers Association and other organizations jointly released a hot topic on consumer rights protection in the fourth quarter of 2023, among which the "shake" jump advertisement has particularly caused consumer dissatisfaction. The so-called "shake and shake" jump advertisement refers to a promotion method in which users open an app and their mobile interface will automatically enter the advertisement page if there is a slight shake. If this method is applied properly, it can increase the interaction between merchants and users, and achieve good results in commercial promotion. However, from the user's roast, the "shake" function of some software can be easily triggered, which can be described as ubiquitous and pervasive. Especially during last year's "Double 11" period, some merchants caused a proliferation of "Shake Shake" jump ads in order to promote sales, and it was difficult to close them, causing inconvenience to users. In fact, China's Advertising Law clearly stipulates that using the internet to publish and send advertisements shall not affect the normal use of the internet by users; Advertisements posted in the form of pop-up ads on web pages should prominently display a close sign to ensure one click closure. The Measures for the Administration of Internet Advertising, which came into effect on May 1, 2023, also have similar provisions, specifying that users shall not be deceived or misled to click on or browse advertising content, and providing corresponding legal responsibilities. From these regulations, it can be seen that some businesses force users to browse advertisements through a "shake shake" method, which not only damages the user's online experience, but also violates relevant legal provisions and deprives users of their right to know and choose. Beyond the legal level, in order to regulate issues such as app jumping and jumping, China has also formulated and implemented relevant standards in 2022, which have technically refined parameter settings such as device rotation angle and operation time for "shaking and shaking", such as requiring a rotation angle of no less than 35 degrees and an operation time of no less than 3 seconds, aiming to ensure that mobile apps will not jump due to accidental touch at the technical level. However, according to the information disclosed by the China Consumers Association, many businesses have not yet fully implemented the relevant legal provisions and technical requirements. Merchants place advertisements in order to advertise widely and convert potential users into actual consumers. Therefore, it is important to deeply understand from the voices of users that "shaking" advertisements cannot go out of bounds. The advancement of advertising technology should empower its own healthy development, rather than using it to arbitrarily infringe on user rights. Otherwise, it will not only fail to attract business, but also cause users to feel disgusted and even pay legal fees for it. (Lai Xin She)

Edit:Wangchen    Responsible editor:Jia Jia

Source:http://www.legaldaily.com.cn

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