On may 1st, “labour day” holiday, the “wixie incident” reached a new peak。
The university of electronic technology computer student, weiss, recently died of a dysentery tumor. In the course of his medical examination, he found the first-ranked beijing general police hospital (which was later confirmed to have been outsourced to)YudaHospitals) receive their “bioimmunotherapy” treatment, at a cost of more than $200,000, but without success, ultimately delay other treatments and rapidly worsen the disease to the point of premature death。
Since then, there have been two official responses, none of which have stopped public opinion. In fact, this is not the first time that public opinion has been “outraged” by a similar incident. In january 2016, hundreds of people were also “bombed” for selling blood pals. The problem with the recurrence of similar incidents is that, even at the legal level, the subject of responsibility is a hospital, but as a searcher, it's 100 degrees100 degrees of promotionWhat kind of “hot flower” is born? How should it be limited
Search services: quasi-public nature
Following his death on 12 april, public opinion continued to ferment. On 28 april, in addition to stating that he had been contacted by his father, who later claimed that he did not communicate with him, the official 100-degree extension of 100-degree microblogging took place. It was also emphasized that the beijing general command hospital of the military police was a fully qualified public hospital. However, the response was not “satisfactory” to public opinion. In the early morning hours of 1 may, the official 100-degree extension of 100-degree microblogging again responded to the “weizonsi” incident, stating that an application for review of the hospital was being submitted to the relevant authorities。
At present, public opinion has focused on the hundreds of degrees of “explosives” in areas such as the lack of scrutiny of medical advertising and the ability to raise search rankings through competitive bidding。
According to the data, a 100-degree search for the keyword “soft tissue tumour” was previously carried out, the first three being the 100-degree promotion link, the second being the beijing general police hospital. According to weizsÉ, “the first of these is bioimmunotherapy at a police hospital, dc, cik, which is particularly good, when it searches for relevant information”. Subsequently, weizsÉ and his family contacted the hospital and went to beijing to start counselling and treatment。
Given the quasi-public nature of the search engine, it is not difficult to understand why 100% of the “wixie incident” was “targeted”. According to lu benfo, director of the network economics and knowledge management research centre of the chinese academy of sciences, the quasi-public nature of search services is reflected in at least two ways: “first, any information is equivalent to non-existent if it is not indexed by the search engine; second, in the ranking of the search engine, if not on the first screen, the number of hits is reduced by at least 50 per cent.” thus, lu ben-fu emphasized that “search engines must not indeed do harm”。
At present, as a search engine, profits are being maximized through their quasi-public nature, with the “bad” of profit-to-gain breeding. According to the 2015 annual report, the 100th full year of the operation received rmb 66,382 million, an increase of 35. 3 per cent over the same year, of which rmb 64,037 million were received by the network marketing business, an increase of 32 per cent over the same year, accounting for approximately 96. 5 per cent of the total. Its annual net profit was $33. 664 billion, an increase of 155. 1 per cent over the previous year。
Question: advertising regulation
If profit-by-money is a disease in business, how should a quasi-public search service be regulated
On the morning of 26 april, representatives of eight public-interest institutions came to the national directorate of commerce and industry to apply for the publication of the government's information, which would read “whether or not the 100-degree promotion is an advertisement”. In the afternoon of that day, the national directorate of commerce and industry accepted the government's application for public information. In accordance with the relevant provisions of the government information disclosure ordinance, the national directorate of commerce and industry is required to provide a final response within 15 working days。
Since then, a circular with a stamp from the general directorate of commerce and industry has been circulated. The circular stated that the directorate general of commerce and industry had received a letter of advice from the six persons concerned regarding the definition of 100-degree promotion as advertising, which would be forwarded to the relevant business department for study。
A well-known internet lawyer, hu fan, told economic reporters of the 21st century that the key to the "wixersi incident" was whether or not some of the search engines were being used as a paid extension serviceAdvertising supervisionI don't know. According to one of the eight representatives of the public interest agencies mentioned above, “if a fee promotion is not an advertisement, the business sector will not have the authority to regulate and the fee promotion will face regulatory gaps”。
According to hu, the paid extension service, represented by competitive rankings of web-based information providers, is currently regulated only as a general internet-based information service. “searchers primarily review the legitimacy of the identity of the subject of information carriers, such as web sites, and generally do not address the legitimacy of specific content, such as websites.”
In this context, searchers have less legal liability by applying the “safe harbour principle” and the “red flag principle”. The so-called “safe harbour rules” are also referred to as the “safe harbour principles” to the effect that network service providers use information positioning tools (including catalogues, indexes, hyperlinks, online storage sites, etc.) and are not liable if they can prove that they are not malicious because of their links, storage content, and remove tort links or content in a timely manner; the “red flag rules” mean that if information about torts is obvious, such as red flags, network service providers may not turn a blind eye or be excused on grounds of ignorance of the infringement。
Whether the “safe harbour principle” or the “red flag principle”, the legal responsibility of the searcher is limited to the review of the subjects covered by the platform. As a result, hu fan has told economic reporters in the twenty-first century that if the paid extension service represented by the searcher's competitive ranking is applied to advertising law regulation, the legal liability of the searcher will be significantly increased and the subject matter and content will be managed simultaneously。
“this will directly lead to a corresponding increase in the tax burden of searchers, but it is clear that there is little good for consumers. Searchers cannot take the maximum profits, but bear the least responsibility.” it is emphasized that “at least some of the networks search for paid extension services, such as medical medicines, food, health care, cosmetics, etc., which are directly related to the physical safety of consumers, should clearly legislate their application to advertising laws”
Where the original sin lies: the doctor has no character
Although the “evil” has been exhausted, it is impossible to conceal the existence of hospitals as the subject of the “original sin”。
A group of people close to 100 degrees told economic reporters of the twenty-first century that 100 degrees of outreach was paid and non-paying. “in addition to the high bid, the quality of creativity and the match between the website and the user is considered, not the high bid ranking.” the non-payment promotion is more dependent on the optimization of the search engine (search engineering optimization, known as seo), which comprises approximately four parts, namely, website structure, keyword deployment, updating of original articles and user experience。
In the view of this person, in order to attract clients and make a profit, the ill-stricken “savvy field” will certainly generate means of understanding the technical rules of search engines and investing heavily in them. According to a former statement by the head of the maternity hospital of the “hashida department”, 60 per cent of the advertisements for the “hashida department” hospital went to the search engine, and even the extension costs for hospitals on the search engine amounted to 70-80 per cent of the turnover。
"they know the rules of 100 degrees, so they can put it up. I'm sorry. If the 100-degree search engine is not going to work in the future, sooner or later the department will find another way forward: web-based software, twitter, health lectures, medical care, etc。
