Should search engines be responsible for "paid promotion"?

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Shenzhen's Mr. Xia, through 360 search airline booking website, and purchase the ticket above, the result encounters the fraudulent website, was cheated to walk 260,000 yuan. Afterwards, he received 260,000 yuan compensation from 360 companies. It is a recent "news" that has not attracted much attention in the Internet arena. The background of this event is 360 commitment for their own search results. This seems to be distinctly different from the "safe haven Principle" previously emphasized by internet companies.

At home, the use of search engines has become an important means of network fraud. According to incomplete statistics, this year, by the media exposure because of the search engine fraud cases have reached 31, the cumulative amount of money involved 39.036 million yuan.

At the same time, pay promotion is the search engine company revenue of the largest piece of cake, but in law, in accordance with the principle of haven, search engines have no legal obligation to ensure the authenticity of the promotion, and this promotion does not belong to the norms of advertising law.

In August, Baidu and 360 also announced that they were responsible for the search results for paid promotions. If users are being cheated using promotional links, the two companies will compensate users.

360 think that pay promotion is a search engine company can control content, do not adapt to the principle of safe haven, this argument drew industry controversy. This year, the eight ministries to reorganize the network ads, search engines are also in the scope of rectification, but the search engine pay promotion link is applicable advertising law, the industry is also controversial.

Should search engine companies be "responsible" for paid promotion links?

News background

The user buys the ticket to be cheated to obtain the compensation 260,000

Recently, 360 published the industry's first large amount of fraud compensation cases, compensation for 260,000 yuan.

May 23 this year, Shenzhen FAW modified Enterprises in Hangzhou, Mr. Xia business trip, the need to change the return ticket. Mr. Xia Company's finance staff through 360 company's search engine "so.com" inquires the official website of the Southern Airlines, and carries on the change to sign the ticket, encounters the fraud, the company account 260,000 yuan all is turned away.

Because the financial personnel encounter the counterfeit South Airlines website, is 360 search promotion links, so Mr. Xia in the alarm at the same time, also feedback to 360 companies, to seek compensation.

Whether to compensate, which sparked a heated debate within 360, because once the case of compensation, similar situation in the future 360 will not be able to evade the responsibility of the safe haven principle.

In the end, 360 companies decided to pay all.

On the morning of May 26, Mr. Xia received all the money. The incident prompted the 360 search full compensation scheme, a single payment of 260,000 of the amount also set the Internet claims the highest record.

Mr. Li, who had similar encounters with Mr. Xia, was not so fortunate, 2012 he searched the search engine "Chinese General Practitioner Magazine" website submission, the result encounters the counterfeit scam, not only suffers from the pecuniary loss, moreover has not completed "in the core periodical publication two article" The target, has delayed the title promotion opportunity.

March 2012, the Chinese general Practitioner magazine to the public security organs of the police, but encountered a case, difficult to solve the embarrassment.

The public security organ said that to file the case, the amount required to reach 20,000 yuan standard. Because the network victims do not know each other, not easy to contact a number of victims together enough to 20,000 yuan for the case, the officer who took over the cases said that these people need to be cheated in the same district of the police station. At present, the case has not been broken.

Lawyer says

"should be held accountable in a controllable range"

Sheng Law firm director lawyer Yu Guofu: If an educational institution buys the promotion link, the promotion announced that the consumer enters this organization to be able to achieve a certain goal, but finally has not fulfilled the stipulation, the search engine needs to undertake the responsibility? How does the search engine know if the educational institution was telling the truth in the promotion? Is it exaggerated?

Therefore, it should be specific case specific treatment, look at the individual behavior, search engine whether there is fault.

I think that the search engine within the scope of control, should be liable to fault. Baidu once because two beauty hospital "Eaton" and "History 38" keyword bidding rankings, was sentenced to unfair competition and bear joint and several liability. Because Baidu as a bidding ranking provider, some errors can be found in time, but did not find, bear the fault responsibility.

Experts say

"should be regulated by advertising Law and contract law"

Professor Wang June: the legal relationship between the search engine and the promoted person should be regulated by contract law, advertising Law and Consumer protection law. Any consumer who is in breach of any act that causes the actual loss of the consumer may claim compensation in accordance with the law.

The search engine accepts the economic benefit of the information promoter, promotes its website by the technology means, makes its website link appear in the search result first. From the causality point of view, since the search engine companies to promote the chain to receive fees, it should bear its authenticity of the audit, should be to promote the site fraud consumers to assume the corresponding responsibility.

Industry view

"The Haven principle won't break."

Blog Network founder Xingdong: Search engine promotion should be included in the Advertising Law category, because the search engine media attributes are already very obvious. However, the current advertising law is mainly aimed at traditional advertising behavior.

I don't think the haven principle can break. The first thing to be sure of is that this is a good business for the needs of competition, for the needs of marketing, willing to assume more responsibility, which requires encouragement. But this (search engine's compensation for spreading link fraud) cannot be an industry standard, nor can it drive change at the judicial level. Because the property of this thing has not changed, the search company cannot completely guarantee the authenticity of the search results.

Corporate Voice

360: Promotion link does not apply haven

The safe haven principle is still applicable to natural search results, but it does not apply to promotional links, as promotional links are provided through the company's backend.

The scam site is very much behind the natural search results, so natural search fraud is of little significance. Liars will buy keywords directly to promote the attraction of consumers.

Search engine companies will have the relevant team to audit the need to do the promotion of the company is qualified. For example, ICP License, Enterprise certificate and other qualifications, related to the promotion of specific industries, but also need to have more certification, such as sales tickets need to have ticket sales license. However, in the specific operation, there will often be forged credentials to muddle through the situation, this situation is the search engine companies have the ability to avoid.

Baidu: The Haven principle is long-standing

Baidu recently withdrew from the "Netizen Protection plan". Haven principle for a long time, Baidu has been very good to fulfill the relevant laws and regulations of the relevant obligations, in the case of law under the protection of the principle of safe haven.

Baidu is not because the search engine companies in the law should bear the relevant responsibility, only to launch the rights and interests of netizens plan. Baidu's Internet Rights Protection program, designed to protect users in the use of Baidu search process to click on promotional links encounter counterfeit websites, fishing fraud after the economic losses.

From the technology, Baidu has a complete response and feedback mechanism, netizens login Baidu account, the protection of the background system will be in a certain period of time for netizens to keep Click to promote the records of links, easy to launch complaints.

noun explanation

Haven principle: The Haven clause was first drawn from the United States Digital Millennium Copyright Act of 1998. "If the network service provider to provide links, storage related content suspected of infringement, in the ability to prove that no malicious, and timely deletion of the circumstances, do not assume liability".

The absorption and legislation of the safe haven principle in China is mainly embodied in the regulation on the protection of the right to disseminate information network, which provides the exemption for the network service providers.

According to the safe haven principle, the search engine service provider can not take legal responsibility as long as it has exercised reasonable attention, audit and reminding obligation. (Lin Chiling Liu Xia)