Internet advertising series (a): Internet advertising all the way, regulatory compliance changes
Author | Intellectual Property Center, Elephant Migration Team
The development of Internet advertising forms has been "surging" all the way, invading all aspects of life. Car navigation, web pages, software, and application pop-up advertisements "dominate" for a while. APP fancy splash ads continue to advance, and new models have long arrived quietly.
In early 2023, Zhang Xinyue, a student at Wu University, sued Meitu Xiuxiu in court due to dissatisfaction with the "shake a shake" splash ad. The first trial of the lawsuit ended eight months ago.
The People's Court of Siming District, Xiamen City, Fujian Province, upheld some of Zhang Xinyue's claims and ordered the company owned by "Meitu Xiuxiu":
First, stop infringement, setting the compliance of the interaction parameters that trigger the user to jump (setting the acceleration of the trigger jump parameters is not less than 15m/s2, the rotation angle is not less than 35 °, and the operation time is not less than 3s), to ensure that the user is walking, riding, picking up and putting down the mobile intelligent end point and other daily life, when the non-user actively triggers the jump, there will be no misleading or forced jump.
2. Compensation for Zhang Xinyue's data traffic loss fee of 1 yuan[1]。
(Image source: WeChat search screenshot)
During the Double Eleven period in 2023, the situation of major platforms shaking up splash ads and jumping to shopping software made many netizens miserable.
On November 15, 2023, the official account of the Consumer Rights and Interests Protection Commission of Jiangsu Province released the article "Su Xiao has something to say | Apple stopped" shaking "? netizens clapped their hands: It's time to rectify →", and put forward compliance suggestions for mobile phone system operators, platform parties and merchants.
According to the voting survey conducted by the Commission on the official account, in the "What is your attitude towards the splash ad of'shake a shake '?" poll, more than 90% of netizens clearly held an "aversion" attitude towards the splash ad[2]。
(Source: screenshot of the official account of Jiangsu Provincial Consumer Protection Commission)
In addition to that, the controversial topics of various types of Internet advertising have also aroused massive discussions on Weibo on many occasions.
#Apple will ban the topic of shaking and jumping advertisements, triggering 390 million netizens to read and 20,000 netizens to discuss.
#People's Daily approved pop-up advertising #topic, which triggered 450 million netizens to read and 34,000 netizens to discuss.
(Image source: Screenshot from Weibo)
In the process of diversified development of platform advertising, soft advertisements in the form of "live streaming host evaluation", "blogger trial" and "celebrity recommendation" also show a trend of a hundred flowers blooming. Each flower blooms, and each problem blooms.
According to the "Research Report on the Impact of" Third-Party Evaluation "on Consumer Rights and Interests" released by the China Consumers Association: "At present, there are many" third-party evaluation "accounts in the market, and the evaluation methods and standards are various. The quality of the evaluation is uneven. Suspected" business-based testing "and" business-based testing "are common.
A small number of third-party assessments not only failed to help consumers make correct judgments, but also affected the normal market order. Unscientific, unfair, and objective "third-party assessments" caused serious disruptions to production and consumption. "[3]。
Under the conflict between the diversified development of the digital economy and the refinement of consumer rights protection needs, higher requirements have been put forward for the relevant laws, regulations and supervision of Internet advertising. In this context, in February 2023, the State Administration for the Market announced the "Internet Advertising Management Measures", systematically revising the original measures that have been implemented for more than 6 years.
In June 2023, the General Office of the State Administration for Market Regulation issued the "Notice on Solidly Doing a Good Job in the Investigation and Governance of Outstanding Issues in the Field of Advertising Supervision" to further strengthen the guidance for the construction of the style of advertising supervision. The "Notice" also requires that local market supervision departments carry out three-year special projects[4]。
Online advertising compliance has entered a painful stage, and the development of compliance is imperative.
Under the systematic revision of the Internet Advertising Management Measures, where is the top priority? What aspects are reflected in the continuous strengthening of advertising-oriented supervision? What are the Internet advertising compliance pain points that are closely related to our online every day? What is the advertising e-commerce dichotomy saying?
Elephant migration team will combine the Internet advertising management approach to modify the focus, typical cases, Internet advertising compliance, release a series of tweets, please look forward to.
This article, Elephant Migration, will provide readers with a preliminary understanding of the new content of the 2023 Internet Advertising Management Measures[5]It is convenient for everyone to understand the regulatory priorities in the field of Internet advertising.
The full text of the measures totals 32 articles, deleting and revising the content of the original measures in many places, and adding core provisions on advertising orientation and protection of minors.
The following is a comparison table of the "Internet Advertising Management Measures" in 2023 and 2016. Among them, red is the deleted part and blue is the new part.
The next article in the Elephant Migration Internet advertising series will provide an in-depth discussion on the issue of "advertising orientation" with continuous strengthening of supervision, combining policy background, laws and regulations, and local practices.
Walk by and don't miss it.
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[1] Comes from the civil court verdict of Siming District People's Court, Xiamen City, Fujian Province (2023) Min 0203 Minchu No. 4132.
[2] See the official account of Jiangsu Provincial Consumer Protection Committee, Su Xiao has something to say | Apple stopped "shaking"? netizens clapped their hands: It's time to rectify →, https://mp.weixin.qq.com/s/Z_e1j-YI60-tzdG3xv8OBw.
[3] Source: China Consumers Association "Third Party Evaluation" Impact Investigation Report on Consumer Rights and Interests ", official website https://www.cca.cn/zxsd/detail/30640.html.
[4] From the "Notice of the General Office of the State Administration for Market Regulation on Solidly Doing a Good Job in the Investigation and Governance of Outstanding Issues in the Field of Advertising Regulation", the official website of the State Administration for Market Regulation is as follows:
https://www.samr.gov.cn/xw/zj/art/2023/art_de08cf162ebc430583aede9a0b639063.html。
[5] From the "Internet Advertising Management Measures", the official website of the State Administration for Marketing Regulation is as follows:
https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2023/art_d93a579afd45413e8576e4623fab348f.html。
Lawyer Profile
Lawyer Jin Linxi
(Lawyer Erxi)
Full-time lawyer of
Own dual work experience as a lawyer and an Internet company
Difficult cases delve into people, hand-guided tractors, problem solvers
Some experience in advertising compliance, some experience in the Internet field
I have some experience with trademark copyright and a bit of dabbling in pan-entertainment culture
Contact email: erxiii@163.com
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Intellectual Property Center
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