Unsubscribe from marketing messages, which should not have been paid by consumers-瞭望新时代网

Unsubscribe from marketing messages, which should not have been paid by consumers

2023-09-19

According to media reports, on July 29th this year, a netizen left a message on the leadership message board suggesting that "the fee for unsubscribing SMS should be borne by the marketing information sender". Recently, the Ministry of Industry and Information Technology replied, "We will carefully study your suggestions and incorporate them into the overall consideration of the next step of work, effectively safeguarding the legitimate rights and interests of the general public!" In real life, mobile phone users have basically received marketing messages. Especially before various large-scale promotional activities, the frequent push of text messages is annoying. However, the current charging mechanism of communication operators assumes that the 0.1 yuan fee for unsubscribing SMS is borne by the respondents. Although the amount is not large, it is clearly unfair to consumers and should be promptly cancelled or changed. For many people, excessive and even early morning marketing messages have brought serious disruptions to their normal lives and rest. Especially, some people inexplicably receive marketing messages after just purchasing a product from a certain online store, or simply browsing through a certain online store and registering as a related member. And this is mainly because some online platforms have not fully verified the user's willingness, so they "default" the user's consent and send marketing messages without authorization. According to the Civil Code, except as otherwise provided by law or with the explicit consent of the rights holder, no person shall use telephone, text message, instant messaging tool, email, flyer, or other means to disturb the privacy and tranquility of others. According to the Advertising Law, no person shall send advertisements to their residence, transportation, etc. without the consent or request of the parties involved, and shall not send advertisements to them through electronic information. If an advertisement is sent through electronic information, the true identity and contact information of the sender should be clearly stated, and the recipient should be provided with a way to refuse further reception. It can be seen that consumers have the right to refuse and unsubscribe from marketing SMS. But what is infuriating is that if consumers want to unsubscribe from these almost harassing marketing messages, they not only need to proactively send the unsubscribe messages themselves, but also bear a fee of 0.1 yuan. This is clearly unfair to consumers. Moreover, merchants and operators are the biggest beneficiaries of marketing short messages. Merchants can achieve advertising effects by sending marketing short messages on a large scale, and operators can charge related fees accordingly. When merchants and operators profit, and consumers have no substantial profit, it is obvious that consumers should not bear the cancellation fees. Furthermore, according to relevant laws and regulations, providing a way to unsubscribe is the obligation of merchants, reducing harassment of SMS, and safeguarding consumers' right to peace is the obligation of operators. Therefore, merchants and operators have an obligation to provide free ways to unsubscribe, and requiring consumers to bear the cost of unsubscription indirectly increases the threshold and cost of unsubscription, shifting the obligations of merchants and operators to the cost of consumers. It can be said that whoever profits from marketing SMS should bear the cancellation fee, rather than letting consumers pay the cost for exercising their right to peace, which is in line with the laws of market economy and fairness and justice. Moreover, the practice of allowing merchants who send marketing messages to bear the cancellation fees will suppress their impulse to send messages at will. Although a penny is small, it is related to consumer rights. The relevant departments should improve the current marketing SMS unsubscription rules as soon as possible, requiring the fees for unsubscribing SMS to be borne by the original information pusher, and at least not by the consumer

Edit：Luo yu Responsible editor：Jia jia

Source：GMW.cn

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