March 25, still remember jiangsu province consumer protection commission v. Letv boot advertising can not be closed with a key case? On March 23, 2021, the Jiangsu Provincial Higher People’s Court rejected the appeal of Lerong Company and upheld the original judgment, according to the official news of Jiangsu Provincial Consumer Protection Commission on March 25.
Since July 2019, disappear is protected appoint in jiangsu province to carry out a series of surveys of smart TV advertising boot, rectification, special action litigation rights and the existing problems of hisense, millet, sharp, haier, skyworth, changhong, Letv seven smart TV brand enterprise of a year-long interview, tracking and surveillance, require enterprises to provide boot AD “button to turn off the” function, ensure the choice of the consumers. On November 10, 2020, Nanjing Intermediate People’s Court ruled that the on-screen advertising of Lerong Smart TV infringed on consumers’ right to choose and fair trade. After the first instance, the other party appeals,
Trial site, disappear is protected appoint vice director and secretary-general of jiangsu province cherish spring reply opinion, lu said: ‘right to know, to choose and justice of exchange is one of the basic rights and interests of consumers, province, disappear is protected appoint on advertising rights issue never oppose any business model, to stimulate the market potential but business model innovation must be limited within the legal framework and customers under the premise of voluntary, will not violate consumer rights. It is neither reasonable nor legal to shut down the startup advertisement in time. Enterprises must face up to consumers’ use experience and time cost. Products can be updated and business models can be innovated, but they should not grow in a wild environment without constraints, and consumers should not buy orders that they should not buy. As the legal spokesperson of consumers, Jiangsu Provincial Committee of Consumer Protection resolutely performs the sacred duty entrusted by law and strives for the rights and interests of consumers.
‘The competition allowed in the market should be fair and fair,’ the Jiangsu Higher People’s Court said in its verdict. ‘No innovation in business models can be carried out at the expense of violating legal provisions, distorting market competition, or harming the legitimate rights and interests of consumers and other operators.’ The widespread illegal phenomenon in the market can not be regarded as the reason for exempting the legal liability of specific operators. This case is the first public interest lawsuit filed for on-screen advertising in China. It not only directly involves the rights and interests of many non-specific consumers, but also indirectly affects the interests of dozens of smart TV manufacturers. It may also play a guiding role in the future development of the smart TV industry. Our college attaches great importance to the parties concerned, in addition to strictly in accordance with the fair trial, reasonably determine the right boundary and the behavior boundaries, balance the conflict of interest, will exert positive judicial functions, send a judicial proposal to the relevant departments and industry associations, tracking corrective progress by questioning the operators, urge the relevant departments and industry autonomy organization further standardize and punishment infringes upon the lawful rights and interests and the fair competition in the market of consumers the illegal management behavior, promote to develop smart TV advertising compulsive standard boot as soon as possible, is committed to working together with the relevant market main body, build healthy and harmonious, vibrant consumer market environment, Service to ensure the “consumption double cycle” national strategy and consumption market stable and healthy development!
China university of political science and law professor, China consumer association director and expert group member, China consumer rights and interests protection law research association executive director wu jingming thinks: the case after two years of time finally to jiangsu higher people’s court to make the final judgment and dust settled. This is China’s first smart TV boot advertising controversy caused, but also the first by the provincial higher people’s court second instance final judgment of consumer civil public interest litigation case. The judgment of this case has important historical significance in protecting the legitimate rights and interests of consumers and promoting the lawful operation of operators to achieve fair competition, and will have far-reaching impact on promoting the healthy and orderly development of the smart TV industry. Jiangsu province higher people’s court verdict is a dispute the fact that the case is clear, reasons things out the clear, logical structure is clear, not only is a legally binding judicial documents, for consumers and business operators, but it is also a very good legal textbooks, to guide, support and encourage consumer rights protection and regulate, supervise and urge, warning smart TV production enterprise legal management has a very good demonstration effect. After the decision of Jiangsu Higher People’s Court comes into effect, not only Lerongzhixin should rectify the on-camera advertising according to the decision, but other similar operators should also rectify according to the decision of Jiangsu Higher People’s Court. Otherwise, if they are sued, they will suffer the same losing result as Lerongzhixin. Finally, we hope that all the producers in the smart TV industry can take this as a mirror to create a reasonable and transparent marketing environment and a fair competition environment. (APP)