'The illegal 'Shake' advertisement only pays 1 yuan, but it has far-reaching impact!'

Hey, shake the ad, these bandits are finally going to be punished?

Soon, this exciting-sounding topic became the top trending topic, and its reading volume reached a terrifying 100 million.

Click on the topic, and the top article is such an article.

A law professor wrote in the article: The opportunistic advertising design of merchants is a disguised form of "forced transaction behavior" that not only infringes on consumers' right to independent choice , and also infringes on consumers’ right to fair trade.

Even posted previous judicial precedents.

In February 2023, Zhang Xinyue, a student at Wuhan University, was dissatisfied with being forced to trigger the "Shake" screen advertisement many times. She filed a lawsuit against the operator of an APP on the grounds that it violated her right to make independent choices. court.

The People's Court of Siming District, Xiamen City held that the defendant's infringement was established and ruled that it should stop the infringement and ensure that it will not mislead or force the jump when non-users actively trigger the jump.

According to the verdict, it can be concluded that apps that redirect ads without consent are indeed suspected of violating the law.

After reading this, some friends may be excited: It seems that you need to be more careful about those unconscious apps, otherwise your family will sue you once to see if you can withstand it. snort!

emm, things are good things.

But here, I want to pour a basin of cold water on everyone.

This matter may not be as big as you think in rectifying Shake Up advertising.

Because cases are cases, when we actually operate, we will find that the actual situation is not that simple.

Let me first tell you the specific circumstances of this case. In February 2023, Zhang Xinyue, a student at Wuhan University Law School, was dissatisfied with being forced to trigger shake ads on the App many times. After collecting some evidence, she sued Meitu Xiuxiu.

Attention, the verdict was that the court supported some of Zhang Xinyue’s claims and also rejected some of them.

##The demands supported are:

·Let Meitu XiuXiu stop infringement and set the interactive action parameters that trigger user jumps in compliance with regulations (acceleration Not less than 15m/s2, rotation angle not less than 35°, operation time not less than 3s).

·The company compensated Zhang Xinyue’s data traffic loss of 1 yuan.

The court held that according to relevant industry standards, Apps should ensure that users do not mislead or mislead users in daily life such as walking, riding in a car, picking up and putting down mobile smart terminals, etc. without the user actively triggering a jump. Forced jump situation.

The video evidence submitted by Zhang Xinyue showed that Meituan Xiuxiu jumped to the shopping app while she was walking and sitting down.

So "Meitu Xiuxiu" has related deceptive, misleading and forced click behaviors, which infringes on the right of independent choice.

Picture source@jimunews▼

But!

Zhang Xinyue proposed to cancel Meitu Xiuxiu’s “shake” screen advertising format, but the court rejected it.

Because there are no industry regulations that clearly prohibit shake advertising.

At the same time, the mobile phone sensor information is not sensitive personal information, and the use of this information does not require individual consent. Meitu Xiuxiu has not violated the security of Zhang Xinyue’s personal information.

Looking at it this way, the lawsuit is won, but not much. How can it deter the bandits? I don't feel like there's much.

Just as a hindsight, this verdict was issued in April last year, but during last year’s 618 and Double Eleven, everyone still remembers how rampant the Shake ads were.

Regarding this matter, I also consulted a lawyer friend and a doctor of law. Let me sum up: it is still difficult to cure a shake.

First of all, our country is a civil law system, and the source of law is laws and regulations, not precedents. Judges cannot cite historical judgments when making decisions.

Although the Supreme Court regularly issues some guiding cases, which are mandatory, similar cases with similar facts should generally follow the guiding cases.

But this case is an ordinary case and a reference case.

Everyone knows what "reference" means. If you don't understand, look at the instant noodles packaging.

So even if there is this case, how to decide subsequent similar cases mainly depends on what other judges think.

To put it to the extreme, if there is a 99% similar case in the future, it may be another way of judgment in the hands of others.

One advantage of this kind of cases is that lawyers can submit them to the court to set a certain demonstration effect.

Because now we are pursuing the same judgment for similar cases and similar cases, but there is no coercion.

The above is the first point. Your rights protection may not be successful.

The second point is that the cost of safeguarding rights is too high.

The biggest cost of prosecution is time and energy.

For example, during the filing stage, the court will try to mediate your case, which will take a long time.

In addition, the prosecution process is also very complicated.

Zhang Xinyue in the above case is a law student, and she is very familiar with this process.

But for us, just getting started makes you give up.

In 2022, courts across the country accepted a total of 33.723 million cases, of which 75% did not involve lawyers.

In other words, when most people sue, they can only write materials, negotiate, litigate, and argue in court alone to complete a whole set of processes.

Even if you spend money to hire a lawyer, there are still various problems waiting for you, such as it is too difficult to file a case.

The required materials are too complex. If the case is difficult to handle, the case closure rate will be affected, and there will also be a "case stuck" situation, and no court session will be held for six months to one year after the case is filed.

For example, this lawyer friend I consulted had a case that he couldn't settle for half a year.

So we ordinary people don’t actually have the energy to go to court to defend our rights for “Shake Up Advertisement”.

Of course, I am not saying that it is difficult to maintain and I will not maintain it.

Like the case mentioned at the beginning of the article, what is more important is actually its declarative significance.

You see she only claimed 1 yuan. She did not want any benefits, but was safeguarding her rights and pursuing justice.

This has a very positive impact on society. It not only helps to defend the effectiveness of the law, but also encourages everyone to fight for their rights.

You see, without this case, there would not be today's hot search for "App redirecting ads without consent is suspected of being illegal", and everyone would not see that a society governed by the rule of law will still be - "evil does not prevail over good"!

To be honest, I have written the Shake Shake advertisement several times, and I am already exhausted.

As long as it is triggered by "shaking it", not many people object. The key is that it is not at all, it is more sensitive than bombs.

From the perspective of these apps, if I tap the little black fat guy on the shoulder and the little black fat guy’s flesh shakes, they will also say: The little black fat guy shakes! Shake it!

You may be curious about this kind of advertisement that users do not actively click on. It has no conversion, so why are there still people investing in it?

I think there are two points.

One thing is that the promotion department and operation department of many large companies are separate, each in charge of their own affairs.

The promotion department only needs to complete their own KPIs. The more jumps, the happier they will be. As for the low conversion rate, that is a matter for other departments.

#Another reason is that some small businesses have no experience and have been cheated by the platform.

I have observed some advertisements that are easy to be accidentally touched, and many of them are small and medium-sized businesses selling snacks and daily necessities.

A friend who works in e-commerce told me that it is not the merchants who want to place such ads, but the platform induces them to enable off-site advertising and place open-screen ads in other apps.

Although it is in another App, the platform can charge promotion service fees or get traffic exposure, and you can also get benefits.

So the victims of this kind of advertising are not only consumers, but also businesses.

Back to the matter itself.

From the previous rumors of "Apple shakes up its rectification" to today's "Jumping ads without consent is suspected of being illegal", these topics can become hot searches as soon as they come out, obviously because————

Everyone is numbed by the Shake Shake advertisement.

Although now, some mobile phone manufacturers have launched some functions such as sensor permission management, which can allow us to deal with it reluctantly.

But in the final analysis, this is the last resort. It is a kind of "can't you avoid it if you can't fight it?"

The current situation is that everyone is raising their heads, hoping that a hero will appear and take good care of these bandits.

So whenever there is any disturbance, everyone will click in and take a look.

Although, we have been waiting for this day for a long time, and if you don’t like to hear it, we may still be waiting for this day.

But I believe that as long as more people stand up to defend their rights, this day will come sooner.

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