Baidu will offline 2,206 million medical institutions to promote information

Yesterday afternoon, the National Internet Information Office released the results of a joint investigation team's investigation into Baidu's search for problems in the "Weize Xixi Incident". The National Network Office said that the investigation team asked Baidu to change the bidding ranking mechanism.

On May 2, the National Network Information Office set up a joint investigation team with the State Administration for Industry and Commerce, the National Health and Family Planning Commission and relevant departments of Beijing to enter Baidu Company, focusing on Baidu search in the "Weize Zexi incident" problems, search bidding ranking mechanism The existing defects were investigated and evidenced.

The investigation team believes that Baidu search related keyword bidding results objectively has an impact on Wei Zexi's choice of medical treatment. Baidu's bidding ranking mechanism has problems such as excessive paid bidding weight and unclear commercial promotion logo, which affects the fairness of search results. And objectivity, easy to mislead netizens, must be rectified immediately.

The National Network Office said that the search engine is an important channel for netizens to obtain information and has a strong guiding role. The National Network Information Office will launch a special management of search services in the country in the near future, speeding up the "Regulations on the Management of Internet Information Search Services", promoting the rule of law and standardization of search service management; and cooperating with relevant departments to crack down on online dissemination of medical , pharmaceutical, health care products, etc. It is related to illegal information such as false information and false advertisements of the people's lives and safety. The State Administration for Industry and Commerce will speed up the introduction of the Interim Measures for the Administration of Internet Advertising to further standardize the order of the Internet advertising market.

Yesterday, Bai Hai search company president Xiang Hailong said that Baidu firmly supports the investigation team's rectification requirements, deeply reflect on their own problems, and never make a discount.

The investigation team asked Baidu to make three rectification requirements

Immediately comprehensively clean up and rectify medical promotion services such as medical care that affect the health and safety of the people. From now on, the relevant commercial promotion activities such as medical treatment, medicines and health care products will be thoroughly cleaned up and rectified. Once the violation information is found, the medical institutions that have not obtained the qualifications approved by the competent authorities should not be commercialized.

To change the bidding ranking mechanism, you can't just use the amount of money as the ranking standard. Immediately adjust the relevant technical system, before May 31, 2016, put forward the ranking algorithm with credit as the main weight and put it in place; add the eye-catching logo to the commercial promotion information one by one, and give risk warning; strictly limit the proportion of commercial promotion information, No more than 30% per page.

Establish and improve the rights protection mechanism for netizens such as advance payouts. Unblock the channels for netizens to monitor and report, improve the efficiency of accepting and disposing of netizens' reports, and immediately terminate the service after discovering illegal and illegal information and infringing the rights and interests of netizens; establish and improve related mechanisms to compensate netizens for losses caused by misleading commercial promotion information. Pay first.

Interpretation 1: Is Baidu promotion an advertisement?

Zhu Xi, a researcher at the Center for Communication Law of China University of Political Science and Law, said that the investigation team characterized the legal nature of the search engine bidding ranking as “commercial promotion service” because the existing laws in China did not clearly define it, and the current advertising law could not effectively cover it. Within the legislative framework, there is a gap in the legal nature of bidding.

He believes that the "Interim Administrative Measures for Internet Advertising" and the "Regulations on the Management of Internet Information Search Services" of the State Administration of Industry and Commerce, which will be introduced in the future, will definitely further clarify the nature of the commercial promotion services of the competitive bidding.

Zhu Xi said that at the same time, the investigation team requested that the search engine platform must not conduct commercial promotion services for “medical institutions that have not obtained the approval of the competent authorities”. This actually clarifies the scope of the search platform for the review of medical advertisements. On the one hand, the main body of medical promotion must be a medical institution, and the relevant subordinates “department”, “center”, “department” or “pheasant hospital” cannot become Promote the object.

On the other hand, he said, not all medical institutions can do commercial promotion, and must obtain “approval” from the medical authorities in advance. Therefore, the audit responsibility of the platform should be concentrated in two major blocks: one is the review of the qualifications of the medical institutions, and the second is the prior approval of the competent authorities. In fact, this also categorizes the responsible parties of false information: the responsibility of the search engine's communicator, the administrative review responsibility of the competent authority, the advertiser's responsibility of the medical institution, and the advertiser's responsibility of the medical institution's website maintainer.

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