Two "valves" need to be set up to regulate advertisements that "shake"

2023-04-24

Recently, several well-known apps have been criticized by users for their highly sensitive "shake" advertising. According to a report by the Southern Metropolis Daily on April 23, among the 12 top and middle apps selected by the reporter, it was found that they all have a "shake" open screen advertising function. Among them, 10 apps are more likely to trigger "shake" advertising, and only 4 apps offer the option to turn off the "shake" function. The significant reduction in pop-up ads is largely due to the rectification action carried out by the Ministry of Industry and Information Technology in July 2021 to address issues such as the inability to close pop-up ads on apps. But now, a large number of "shake" screen ads are starting to appear again. According to one practitioner, adopting a "shake and shake" approach has lower interaction costs and can increase the click through rate of open screen advertisements, thereby preserving platform revenue. But an undeniable fact is that compared to the "pop-up" ads, the "shake" ads are more annoying to mobile phone users. In February of this year, a student from Wuhan University filed a lawsuit against a company after being forced to trigger the app's "shake and shake" open screen advertisement multiple times due to dissatisfaction. The court's first instance ruling held that the student's right to independent choice had been violated. Article 9 of the Consumer Rights Protection Law of China stipulates that consumers have the right to independently decide whether to purchase or not to purchase any kind of goods, accept or not to accept any service. This means that consumers' choice of goods and services must be voluntary and do not have to be based on the wishes of the operator. But on multiple mobile apps, users may face a barrage of advertising "output" just because of actions such as walking, running, and pressing any key, and it is also difficult to turn off. Consumers whose right to choose is infringed upon are not only the college students who are suing. Therefore, unified regulations and supervision are essential for new forms of mobile screen advertising such as "shake and shake". The "Internet Advertising Management Measures", which will be implemented in May, clearly stipulate that when publishing internet advertisements, advertisers and advertising publishers should prominently indicate a closure sign to ensure one click closure. There should be no five situations: closing advertisements without a closure sign or after the timer has ended, or setting obstacles for closing advertisements. Ensuring one click closure "can be said to have seized the handle of regulating app advertising that disrupts people. We hope that with the implementation of the" Measures ", there will be fewer and fewer" advertisements that cannot be closed "on mobile phones. It cannot be ignored that with the rapid development of the internet and mobile technology, the advertising patterns of apps are constantly being renovated, bringing new troubles to mobile users - such as the transformation of "pop-up" ads into "shake" ads within two to three years. Therefore, in addition to 'one click close', when necessary, it should also be considered to set 'one click agree' as the threshold for advertising push. The so-called "one click consent" refers to the fact that app advertisements must first obtain a clear one click permission from the user before being pushed. It is not superfluous to set this threshold for mobile advertising pushers: first, consumers' independent choice originally includes the choice of accepting or not accepting advertising push services. Pushing advertisements to mobile phone users without their consent strictly violates their right to choose and violates the provisions of the Consumer Rights Protection Law. Secondly, the "king style" advertisement that is pushed without consent, such as "shake it", only

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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