China Consumers Association point of view: less routines, more sincere video platform VIP services should comply with laws and regulations, quality and price
Recently, the VIP membership service and advanced on-demand mechanism of the video platform have aroused heated discussions in the society, and many consumers have expressed doubts and dissatisfaction with the platform’s full routine operation.
Judging from consumer complaints, the main issues reflected are as follows: First, consumers believe that they have purchased members and enjoy the membership rights of watching dramas in advance. They question the rationality of the subsequent introduction of advanced on-demand charges and believe that they are suspected of double charges. Second, consumers reported that during the Spring Festival, the video platform unilaterally modified the update cycle of popular dramas, from updating two episodes a day from Wednesday to Sunday to two episodes a day from Saturday to Sunday, with 4 episodes less broadcast per week. The introduction of paid advanced on-demand broadcasting has damaged the rights and interests of members. Third, the platform promotes that full members will be exempt from advertisements. In fact, only the advertisement at the beginning of the video is removed, and various advertisements are still repeatedly inserted in the middle of the video. Fourth, the membership service has not expired, and consumers are automatically renewed without their knowledge, believing that the platform is buying and selling. Some consumers reported that the video platform agreement stated that renewal reminders will be sent 5 days before the expiration of the automatic renewal membership. In fact, the payment was directly deducted without fulfilling the obligation of prompting or confirming with the consumer.
In this regard, the views of the China Consumers Association are as follows:
1. Advance on-demand replay is voluntary, and the episode-by-episode restriction will be cancelled. Advanced on-demand service is a new service launched by major video platforms last year. Prior to this, some video platforms stipulated that VIP members enjoy the rights of “Hot TV series and self-made series can be watched in advance). For the old members who have purchased VIP services before the launch of the advance on-demand service, the video platform shall provide services in accordance with the original membership agreement, and shall not increase the fees by modifying the format clauses, and charge advance on-demand fees from the old members whose VIP services have not expired to reduce losses The old members have the right to watch movies in advance according to the original membership agreement. For new members after the advance on-demand service is launched, the video platform should clarify the rights and benefits that members enjoy, and must not deliberately slow down the pace of video updates for the purpose of charging advance on-demand fees, and damage the existing rights of ordinary consumers and members. In addition, the video platform stipulates that single episode charges, episode-by-episode purchase, or episode-by-episode unlocking are required. Regardless of whether consumers need it, they must be purchased in order to achieve advance on-demand. This harms consumers’ right to choose and violates consumers’ true wishes. In recent days, the Shanghai Consumer Protection Committee has clearly criticized the issue of video platform’s advanced on-demand restrictions on unlocking episodes. Two platforms have promised to make improvements, support the unlocking of anthologies, and enhance user experience, but there are still some video platforms that turn a deaf ear to protecting users’ viewing experience, ignoring consumers’ voices and harming consumers’ legitimate rights and interests.
2. Advertising privileges should be guaranteed, and illegal notifications should be eliminated. Some video platforms claim that VIP members have advertising privileges. In fact, they can automatically skip pre-post ads and manually close pre-post content recommendations. Various other ads are still coming in, such as mid-insertion ads, pop-up ads, pause ads, and previous news. Feed ads, marquee ads, end-of-credit ads, oral labeling, placement ads, etc. The advertising time, number of ads, and the number of broadcasts have increased with the advancement of the plot, causing consumers to be overwhelmed. They spend VIP money, but they can’t really Remove ads. Many video platforms stated in the agreement that the above advertisements may not be eliminated, and they hope that consumers will understand and accept them. However, relevant advertising push behaviors must first comply with laws and regulations. Article 17 of the “Administrative Measures for the Broadcasting of Radio and Television Advertisements” stipulates that “When a TV series is broadcast, advertisements shall not be inserted in any form in the middle of each episode (forty-five minutes).” Article 18 stipulates, “Except for movies and TV series. It is forbidden to broadcast any form of hanging advertisements except for the title mark of theaters or festivals (columns).” Some video platforms even violate Article 44 of the “Advertising Law” by pushing pop-up advertisements that cannot be closed with one click. Therefore, to protect the advertising privileges of members, we must first ensure that the advertising behavior is legal, prevent illegal pushes, and give consumers a clear and clear viewing space.
Third, the automatic renewal routine is deep, and the billing rules should be fair. Some video platform VIP membership service agreement states, “After you activate the automatic renewal service, according to the deduction channel, (the platform) will automatically charge from your account 1-3 days before the expiration of each billing cycle. Deduction. If you need to cancel the automatic renewal, you should do it at least 3 days before the billing period expires.” However, the relevant agreement is not easy to find in the mobile APP, and the cancellation time limit is different from the general understanding of the public. Once you forget the relevant regulations , If you do not cancel the automatic renewal in advance, you may face forced deductions. Article 18 of the Measures for the Supervision and Administration of Online Transactions stipulates that if online transaction operators provide services by means of automatic renewal, they shall draw consumers’ attention in a significant way before consumers accept the service and five days before the date of automatic renewal. Many consumers report that the relevant video platform has not fulfilled the corresponding significant notification obligation. Some video platforms even stipulate in the VlP agreement: “You confirm and agree that (the platform) has the right to adjust the price of the service…. If you cancel (automatic renewal) within 24 hours before the subscription period expires, the relevant entity The withholding service may be stopped after deducting the service fee for the next subscription period according to the adjusted service fee.” Consumers have clearly cancelled the automatic renewal fee, and still need to be forced to renew the fee according to the changed fee. The relevant format clause violates the “Consumer Article 26 of the Law on the Protection of Rights and Interests stipulates that it excludes consumer rights and increases consumer responsibilities, and is suspected of compulsory transactions.
4. The agreement must not be changed at will, and the rights and interests of users must be implemented. Some video platform VIP member service agreements stipulate that (the platform) has the right to change the content of the agreement. Once the agreement changes, it will be notified through corresponding pages, system prompts, information pushes, background announcements, etc. If consumers continue to use VIP services, they will be notified. It is all content that has been agreed to change. The updated agreement shall take effect from the date of release of the updated version. According to Article 34 of the E-Commerce Law, “E-commerce platform operators should publicly solicit opinions in a prominent position on their homepage when modifying platform service agreements and transaction rules, and take reasonable measures to ensure that relevant parties can fully express their opinions in a timely manner. Modified content It should be publicized at least seven days before implementation.” Article 28 of the “Internet Transaction Supervision and Administration Measures” also stipulates that the historical versions of the three years prior to the revised version of the service agreement should be preserved for consumers to consult and download. Operators modify the service agreement at will without saving the historical version, making it difficult for consumers to know whether their rights have been reduced, and it is difficult to protect their rights. Some video platform VIP agreements also stipulate that “(platform) has the right to transfer all of its rights and obligations under this agreement in part or in whole to any (platform) affiliate without your consent, but guarantees that the transfer will not Affect or damage your previous rights.” Such general self-authorization regulations, which exclude or restrict consumer rights, are obviously unfair and unreasonable.
The China Consumers Association believes that the video platform that meets the needs of users and provides VIP membership services should respect consumers, abide by the principle of good faith, abide by laws and regulations, and eliminate profiteering, illegal bullying, and overlord clauses. It is hoped that the operators of all video platforms will conduct self-inspection seriously, take the initiative to rectify, take less routines, be more sincere, assume due obligations and responsibilities in accordance with the law, effectively protect the legitimate rights and interests of consumers, and really work hard to improve the user experience, so that consumers can spend it. For every penny, you can get due feedback that matches the quality and price.
Related laws:
“Consumer Rights Protection Law”
Article 26: Operators who use standard terms in their business activities shall draw consumers’ attention to the quantity and quality of goods or services, prices or fees, performance periods and methods, safety precautions and risk warnings, and after-sales service in a conspicuous manner. , Civil liability and other content that has a major interest in consumers, and shall be explained in accordance with the requirements of consumers.
Operators shall not use standard terms, notices, declarations, shop notices, etc., to make rules that exclude or restrict consumer rights, reduce or exempt operators from responsibilities, and aggravate consumer responsibilities, etc. that are unfair and unreasonable to consumers, and must not use formats Terms and use technical means to force transactions.
Format clauses, notices, declarations, shop notices, etc. that contain the contents listed in the preceding paragraph shall be invalid.
“Electronic Commerce Law”
Article 34 When an e-commerce platform operator revises the platform service agreement and transaction rules, it shall publicly solicit opinions in a prominent position on its homepage, and take reasonable measures to ensure that relevant parties can fully express their opinions in a timely manner. The revised content should be publicized at least seven days before implementation.
If the operator on the platform does not accept the modified content and requests to withdraw from the platform, the e-commerce platform operator shall not stop it, and shall assume relevant responsibilities in accordance with the service agreement and transaction rules before the modification.
“Advertising Law of the People’s Republic of China”
Article 44 The use of the Internet to engage in advertising activities shall be governed by the provisions of this law.
The use of the Internet to publish and send advertisements must not affect the normal use of the Internet by users. Advertisements posted on Internet pages in the form of pop-ups shall be marked with a close sign to ensure one-click close.
“Measures for the Supervision and Administration of Online Transactions”
Article 18 Online transaction operators who provide services by means of automatic renewal and automatic renewal shall draw consumers’ attention in a significant way before the consumer accepts the service and five days before the automatic renewal or automatic renewal date. Independent choice; during the service period, consumers should be provided with obvious and simple options to cancel or change at any time, and no unreasonable fees should be charged.
Article 28: When an online trading platform operator modifies the platform service agreement and trading rules, it shall completely preserve all the historical versions of the three years before the effective date of the revised version, and ensure that operators and consumers can conveniently and completely read and download.
“Administrative Measures on Broadcasting of Radio and Television Advertisements”
Article 7 Radio and television advertisements are an important part of radio and television programs, and they should adhere to the correct orientation, establish a good cultural taste, and be in harmony with radio and television programs.
Article 17 When a TV series is broadcast, advertisements shall not be inserted in any form in the middle of each episode (calculated in 45 minutes). When a movie is broadcast, the inter-broadcast advertisement shall refer to the provisions of the preceding paragraph.
Article 18 Except for movie, TV drama theater or festival (column) title mark, it is forbidden to broadcast any form of hanging advertisement.
Article 40 Violation of the provisions of Article 15, Article 16, and Article 17 of these Measures, as well as the interruption of advertisements in violation of Article 21 of these Measures, shall be subject to the radio and television administration department of the people’s government at or above the county level in accordance with the ” The relevant provisions of Article 50 and Article 51 of the Regulations on the Administration of Radio and Television shall be punished.
Article 41 Violation of Article 10, Article 12, Article 18, Article 19, Article 20, Article 23 to Article 27, Article 33, Article 35, Article 36, or in violation of the provisions of Article 21 of these Measures to replace or cover advertisements, the radio and television administration department of the people’s government at or above the county level shall order the stop of the illegal act or order correction, and give a warning , May concurrently impose a fine of less than 20,000 yuan.
“Regulations on the Administration of Internet Audiovisual Program Services”
Article 17: Movies and TV drama programs and other programs used for Internet audio-visual program services shall comply with the national regulations on radio, film and TV programs. Internet audio-visual program service units broadcasting current affairs-related audio-visual news programs shall be programs produced and broadcast by radio stations and television stations above the prefecture (city) level and current affairs-related audio-visual news programs posted on the website of the central news unit.
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