Recently, a survey of air-conditioning maintenance and consumption surveys by the Shanghai Consumer Protection Committee has aroused widespread concern about the maintenance of the air-conditioning industry. More notably, there are many 'catty' businesses that are mostly on the network platform. Search for top-ranking companies. This makes the Internet search bidding ranking 'hidden rules' once again exposed to people, and also makes people worry about whether the Internet platform is a 'safe haven' for such untrustworthy companies.
Auction rankings help
Obviously, the air conditioner remote control can be set up to solve the problem. However, the maintenance worker came to the door, but 'checked out' the problem, the maintenance cost was as high as several hundred yuan. The air-conditioning maintenance consumer of the Shanghai Consumer Protection Committee exposed the fictional fault. , small illness overhaul and many other air-conditioning maintenance industry 'catty greasy', such as lied that the machine lacks refrigerant, computer board damage, etc., and some even do not hesitate to break the air conditioner, chaos is shocking. Behind the chaos, it is more than ten The promotion of home network platforms. The long-standing bidding rankings in these online platform search services enable problem companies to make profits, which leads to consumer damage, and seriously damages professional standards and integrity management.
Subsequently, the Shanghai Consumer Protection Committee interviewed the relevant network platforms. These platforms also carried out rectification and written feedback within the specified time. However, the Shanghai Consumer Protection Committee found that the rectification effect of these platforms was not satisfactory. Many platform natural search for the top air conditioning repair service providers are 'counterfeit goods', no air conditioning companies authorized maintenance qualifications, some even no maintenance qualifications, some corporate pages or even website filings are not. For the auction ranking, paid promotion Such problems, these platforms are more evasive.
The Shanghai Consumer Protection Committee believes that the root cause of all kinds of infringements of the legitimate rights and interests of consumers in home appliance repair and other maintenance services is the serious lack of integrity mechanism. 'The Consumer Protection Committee found a family, the platform is off the shelf, this is not a good faith. Mechanism. 'Tang Jiansheng, deputy secretary general of Shanghai Consumer Protection Committee, said that the Internet search platform should truly put integrity on the action and establish a credit mechanism that can constrain the merchants to replace the so-called bidding ranking.
Platform responsibility cannot be shirked
The Internet platform has been using the bidding ranking mechanism for nearly 20 years. During the period, disputes and litigation cases were mostly generated between the platform and the merchants. Really attracting social attention, it was in 2016 'Weize Xixi Incident' (Xi'an University of Electronic Science and Technology students) Wei Zexi, after searching for the wrong promotion information on Baidu and delaying the treatment of illness, died. After this appeared, the regulatory authorities issued corresponding regulations in a timely manner.
At present, for the Internet platform to provide paid search services, and to rank service providers, the promotion of the behavior, the legal profession generally has two views. One view that this is the scope of advertising law. For example, after the 'Weize West incident', the country The Interim Measures for the Administration of Internet Advertising issued by the State Administration for Industry and Commerce stipulates that Internet advertising publishers and advertising operators shall review and register the identity information of the advertiser's name, address and effective contact information, establish registration files and regularly verify and update. Paid search advertisements should be clearly distinguished from natural search results. Another view is that this is an information service. It is based on the "Internet Information Search Service Management Regulations" issued by the National Cyber Office, in which the business search service Not directly characterized as advertising, but emphasize that Internet information search service providers provide paid search information services should check the customer's relevant qualifications according to law.
'These two views emphasize the responsibility of providing a web platform for paid search.' Dong Yizhi, a lawyer at Shanghai Yida Law Firm, said in an interview with this reporter that these online platforms believe that they only provide search services or conduct paid promotions. Responsibility for the content, qualifications, etc. provided by the service provider is untenable.
Dong Yizhi believes that the essence of the problem lies in that consumers search for advertisements through the online platform search engine, contact the service providers through advertisements, and reach a service contract relationship. The network platform as a third party actually charges fees through the advertisement provider, that is, the service provider. And through the ranking, big data precision push and other technical means to provide third-party services, there is a corresponding responsibility. 'Whether in accordance with the Tort Liability Law, or the Consumer Rights Protection Law, Product Quality Law, the network platform must first review the advertising Relevant qualifications and fulfilling security obligations. When consumers and service providers have disputes, the platform is also obliged to intervene to provide corresponding evaluation criteria and punishment.
Network supervision needs to be 'teeth'
For the paid search advertisements that violate the Interim Measures for Internet Advertising Management, the regulatory authorities have also introduced corresponding penalties. So, why are there still problems in paid search advertising, and how can we establish an effective monitoring mechanism?
Some people think that the "Interim Measures for Internet Advertising Management" is too weak for violations, and it does not achieve the shock effect. For example, in 2011, Google was fined $500 million by the US Department of Justice for publishing false medical advertisements, and the Fujian Industrial and Commercial Department. When investigating 11 medical institutions illegally publishing Internet medical advertisements, the company was fined 170,000 yuan for the search engine service agent.
In this regard, Dong Yizhi believes that the first priority should be to focus on the technical level. For the services provided by the network information service platform, a corresponding testing platform should be established, and the database should be received from the State Administration for Industry and Commerce, the Office of the Internet Information Office, etc. Secondly, the government supervision level. This requires the government. The regulatory authorities have focused on promoting the transformation and upgrading of the Internet economy, further exerting a guiding role, establishing an early warning mechanism and a prevention mechanism, and actively conducting proactive supervision to prevent headaches and pains. The third is the judicial level. Compared with the EU, China lacks guiding cases on related issues.
'If you can let those network service providers who provide false information truly 'bleed' and feel the serious consequences of illegal violations, they will have an effective warning effect. ' Dong Yizhi suggested that you can learn from environmental protection public interest litigation, through the procuratorate, consumers Associations and other interventions, produce guiding cases, and rationalize the mechanism.
From the perspective of building a credible society, there are problems of lack of credibility in both the untrustworthy enterprises and the Internet platform. How to ensure that they implement the integrity construction into action? Experts suggest that the relevant regulatory authorities can inform and disclose the strength and cooperation of relevant companies in the construction of integrity. Information such as the Integrity Index affects the company's valuation in the capital market, obtains the amount of loans from financial institutions, participates in the corresponding evaluation of government agencies, government subsidies, etc. Relevant information can also be publicized through state agencies to generate shock.