This regulation must be hanged if strict implementation of Internet medical advertising

The "Measures" have received much attention because of the "Weize Xixi Incident", and indeed responded to the public expectation, and the paid search service is clearly identified as an advertisement.

According to a person involved in the formulation, the original plan of the Interim Measures was enacted at the same time as the Advertising Law on September 1, 2015. However, due to the involvement of multiple network platform giants, the interest game is more complicated and has been delayed until now. The Wei Zexi incident is just one of the boosting factors.

However, the "Measures" is not only a huge impact on paid search. According to Song Yahui, an associate professor at Nanjing University Law School who has participated in the "Measures" for many times, the specification actually involves multiple types of Internet platforms, setting a new standard for Internet advertising.

In the general sense, all companies engaged in Internet advertising will comply with this regulation. From different types, paid search involves search platforms, such as Baidu; strict requirements for medical , pharmaceutical, and medical devices involve pharmaceutical companies; regulations for mail advertisements may directly affect the interests of mail service providers, such as 163 mailboxes; the rules for programmatic buying advertisements involve the overall development of this emerging industry, including giants such as Ali; restrictions on ad blocking and filtering are related to 360 browsers.

Paid search qualitative advertising

Article 3 of the Measures adopts enumeration methods. Internet advertisements include: (1) advertisements in the form of texts, pictures or videos containing links, or (2) advertisements for selling goods or services; (3) a paid search advertisement for the promotion of goods or services; (4) advertising in the commercial display of goods or services, laws, regulations and rules stipulate that the information provided by the operator to the consumer shall be displayed in accordance with its provisions; Internet advertising promotes commercial advertising of goods or services.

Paid search for qualitative advertisements, in Song Yahui’s view, “responds to public concerns”, but for the industry insiders, it is more concerned than just qualitative, but behind the “what degree of obligations to be undertaken, only the There is no way to solve it in one step."

On June 25, the National Network Information Office issued the "Regulations on the Management of Internet Information Search Services", which will be implemented on August 1, 2016. The above-mentioned "Regulations" clarify that Internet information search service providers provide paid search information services, and should check the relevant qualifications of customers according to law, clarify the upper limit of the proportion of paid search information pages, distinguish between natural search results and paid search information, and raise the search information one by one. Significantly identified. However, the search service was not characterized.

Specifically, Article 7 of the Measures stipulates that Internet advertisements should be identifiable and clearly marked “advertising” so that consumers can identify them as advertisements. Paid search ads should be clearly differentiated from natural search results. However, the "Measures" did not include the contents of the above "Regulations", for example, the upper limit of the proportion of paid search pages.

Whether to define search services as commercial advertisements is not the root of the problem. The key is the service provider's audit obligation and what are the duty of care. For example, whether the keyword for search promotion itself should be reviewed, whether the title and the summary of the snapshot should be reviewed, this is a more critical audit obligation, and the "Measures" and "Regulations" do not explicitly mention this.

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