译语翻译分享-中消协回应超前点播等问题：视频平台应少一些套路

中消协回应超前点播等问题：视频平台应少一些套路

China Consumers Association responds to issues such as advanced on-demand: video platforms should be less routine

针对近期视频平台VIP会员服务和超前点播机制问题，中消协回应：视频平台VIP服务应依法合规、质价相符，少一些套路、多一些真诚。

In response to the recent issues of the VIP membership service and advanced on-demand mechanism of the video platform, the China Consumers Association responded: The VIP service of the video platform should comply with laws and regulations, the quality and price should be consistent, less routines, and more sincere.

具体内容如下：

The details are as follows:

近期，视频平台VIP会员服务和超前点播机制引发社会热议，不少消费者对平台满含套路的操作表示质疑和不满。

Recently, the VIP membership service and advanced on-demand mechanism of the video platform have aroused heated discussions in the society, and many consumers have expressed doubts and dissatisfaction with the platform's full routine operation.

从消费者投诉看，反映的主要问题有：一是消费者认为已购买了会员，享有提前观看剧集的会员权益，质疑其后推出超前点播收费的合理性，认为涉嫌重复收费。二是消费者反映春节期间，视频平台对热播剧单方修改更新周期，由原来每周三至周日每天更新两集，改为每周六至周日每天更新两集，每周少播4集，同时推出付费超前点播，使会员权益受损。三是平台宣传充会员将免广告，实际上只是去掉了视频开头的广告，视频播放中间仍多次插播各种广告。四是会员服务未到期，消费者在不知情的情况下被自动续费，认为平台强买强卖。还有的消费者反映视频平台协议称对自动续费会员到期前5日会发送续费提示。实际上既未履行提示义务也未与消费者确认，就直接进行了扣款。

Judging from consumer complaints, the main issues reflected are as follows: First, consumers believe that they have purchased members and enjoy the membership rights of watching dramas in advance. They question the rationality of the subsequent introduction of advanced on-demand charges and believe that they are suspected of double charges. Second, consumers reported that during the Spring Festival, the video platform unilaterally modified the update cycle of popular dramas, from the original update of two episodes a day from Wednesday to Sunday, to two episodes a day from Saturday to Sunday, with 4 episodes less broadcast per week. The introduction of paid advanced on-demand broadcasting has damaged the rights and interests of members. The third is that the platform promotes that full members will be free of advertisements. In fact, the advertisements at the beginning of the video are removed, and various advertisements are still repeatedly inserted in the middle of the video. Fourth, the membership service has not expired, and consumers are automatically renewed without their knowledge, believing that the platform is buying and selling. Some consumers reported that the video platform agreement stated that renewal reminders will be sent 5 days before the expiration of the automatic renewal membership. In fact, the payment was directly deducted without fulfilling the obligation of prompting or confirming with the consumer.

对此，中消协表示：
    In this regard, the China Consumers Association said:

一、超前点播重自愿，逐集限制要取消。超前点播业务是各大视频平台去年推出的一项新业务。此前，一些视频平台规定VIP会员享有“热剧抢先看”（热播电视剧、自制剧可享受提前观看）等权益。对于超前点播业务推出前已购买VIP服务的老会员，视频平台应按原有会员协议提供服务，不应借修改格式条款增加收费项目，向VIP服务未到期的老会员收取超前点播费，减损老会员依据原有会员协议享有的提前观影权利。对于超前点播业务推出后的新会员，视频平台应明确会员享有的权益内容，不得为收取超前点播费用故意减慢视频更新节奏，损害普通消费者和会员的既有权利。此外，视频平台规定单集收费、逐级购买或者逐级解锁，不论消费者是否需要，都必须按顺序购买才能实现超前点播，有损消费者自主选择权，违背消费者真实意愿。近日，对于视频平台超前点播限制逐集解锁问题，上海市消保委明确提出批评。已有两家平台承诺将进行改进，支持选集解锁，提升用户体验，但仍有一些视频平台置若罔闻，打着保障用户观影体验的幌子，无视消费者呼声，损害消费者合法权益。

1. Advance on-demand replay is voluntary, and the episode-by-episode restriction will be cancelled. Advance on-demand service is a new service launched by major video platforms last year. Prior to this, some video platforms stipulated that VIP members enjoy the rights of "Hot TV Shows First Watch" (Hot TV series and self-made TV series can be watched in advance). For the old members who have purchased VIP services before the launch of the advance on-demand service, the video platform should provide services in accordance with the original membership agreement, and should not increase the fees by modifying the format clauses, and charge advance on-demand fees from the old members whose VIP services have not expired to reduce losses. The old members have the right to watch movies in advance according to the original membership agreement. For new members after the advance on-demand service is launched, the video platform should clarify the rights and benefits that members enjoy, and must not deliberately slow down the pace of video updates for the purpose of charging advance on-demand fees, and damage the existing rights of ordinary consumers and members. In addition, the video platform stipulates that single episodes are charged, purchased level by level, or unlocked level by level. Regardless of whether consumers need it, they must be purchased in order to achieve advance on-demand. This harms consumers' right to choose and violates consumers' true wishes. Recently, the Shanghai Municipal Consumer Protection Committee has clearly criticized the issue of the video platform's advanced on-demand restrictions on unlocking episodes. Two platforms have promised to make improvements, support the unlocking of anthologies, and enhance user experience. However, some video platforms still turn a deaf ear to protecting users' viewing experience, ignoring consumers' voices and harming consumers' legitimate rights and interests.

二、广告特权应保障，违法推送要杜绝。一些视频平台宣称VIP会员拥有广告特权，实际上只是可以自动跳过前贴片广告、手动关闭前贴内容推荐，其他各种广告仍然纷至沓来，如中插广告、弹窗广告、暂停广告、前情提要广告、跑马灯广告、片尾广告、口播标板、植入广告等，广告时间、投放数量、播放次数随剧情推进一再增多，令消费者不胜其扰，花了VIP的钱，却不能真正去除广告。多家视频平台在协议中称上述广告可能无法消除，希望消费者理解并接受。但相关广告推送行为首先应当依法合规。《广播电视广告播出管理办法》第17条规定，“播出电视剧时，不得在每集（以四十五分钟计）中间以任何形式插播广告。”第18条规定，“除电影、电视剧剧场或者节（栏）目冠名标识外，禁止播出任何形式的挂角广告。”有的视频平台甚至违反《广告法》第44条规定，推送无法一键关闭的弹出广告。由此，要保障会员广告特权，先要保证广告行为合法，杜绝违法推送，还消费者一个清朗的观影空间。

2. Advertising privileges should be guaranteed, and illegal notifications should be eliminated. Some video platforms claim that VIP members have advertising privileges. In fact, they can automatically skip pre-post ads and manually close pre-post content recommendations. Various other ads are still coming in, such as mid-insertion ads, pop-up ads, pause ads, and previous news. Feed ads, marquee ads, end-of-credit ads, oral labeling, placement ads, etc. The advertising time, number of ads, and the number of broadcasts have increased with the advancement of the plot, causing consumers to be overwhelmed. They spend VIP money, but they can’t really Remove ads. Many video platforms stated in the agreement that the above-mentioned advertisements may not be eliminated, and they hope that consumers will understand and accept them. However, relevant advertising push behaviors should first comply with laws and regulations. Article 17 of the "Administrative Measures for the Broadcasting of Radio and Television Advertisements" stipulates that "When a TV series is broadcast, advertisements shall not be inserted in any form in the middle of each episode (forty-five minutes)." Article 18 stipulates, "Except for movies and TV series. It is forbidden to broadcast any form of hanging advertisements except for the title mark of theaters or festivals (columns)." Some video platforms even violate Article 44 of the "Advertising Law" by pushing pop-up advertisements that cannot be closed with one click. Therefore, to protect the advertising privileges of members, we must first ensure that the advertising behavior is legal, prevent illegal pushes, and give consumers a clear and clear viewing space.

三、自动续费套路深，计费规则要公平。有的视频平台VIP会员服务协议称，“您开通自动续费服务后，根据扣费渠道的情况，（平台）会在每一个计费周期到期前1-3天，自动从您的账户中进行扣费。您如需取消自动续费，您最晚应于计费周期到期前3天进行。”但相关协议在手机APP中不易找到，取消时限又不同于大众的一般理解，一旦忘记相关规定，未提前取消自动续费，就可能面临被迫扣费的情况。《网络交易监督管理办法》第18条规定，网络交易经营者采取自动续费等方式提供服务的，应当在消费者接受服务前和自动续费等日期前五日，以显著方式提请消费者注意。不少消费者反映，有关视频平台并未尽到相应的显著提示义务。还有的视频平台甚至在VlP协议中规定：“您确认并同意，（平台）拥有调整服务价格的权利。……如您在订阅期到期前24小时内取消（自动续费），则相关主体将可能会按照调整后的服务费用扣除下一个订阅期的服务费用后停止代扣服务。”消费者已明确取消自动续费，仍需按变更后的费用被迫续费，相关格式条款违反《消费者权益保护法》第26条规定，排除消费者权利，加重消费者责任，涉嫌强制交易。

3.The automatic renewal routine is deep, and the billing rules should be fair. Some video platform VIP membership service agreement states, “After you activate the automatic renewal service, according to the deduction channel, (the platform) will automatically charge from your account 1-3 days before the expiration of each billing cycle. Deduction. If you need to cancel the automatic renewal, you should do it at least 3 days before the billing period expires." However, the relevant agreement is not easy to find in the mobile APP, and the cancellation time limit is different from the general understanding of the public. Once you forget the relevant regulations , If you do not cancel the automatic renewal in advance, you may face forced deductions. Article 18 of the Measures for the Supervision and Administration of Online Transactions stipulates that if online transaction operators provide services by means of automatic renewal, they shall draw consumers’ attention in a significant way before consumers accept the service and five days before the date of automatic renewal. Many consumers report that the relevant video platform has not fulfilled the corresponding significant notification obligation. Some video platforms even stipulate in the VlP agreement: "You confirm and agree that (the platform) has the right to adjust the price of the service.... If you cancel (automatic renewal) within 24 hours before the subscription period expires, the relevant entity The withholding service may be stopped after deducting the service fee for the next subscription period according to the adjusted service fee.” Consumers have clearly cancelled the automatic renewal fee, and still need to be forced to renew the fee according to the changed fee. The relevant format clause violates the "Consumer Article 26 of the Law on the Protection of Rights and Interests stipulates that it excludes consumer rights and increases consumer responsibilities, and is suspected of compulsory transactions.

四、协议不得随意改，用户权益要落实。一些视频平台VIP会员服务协议规定，（平台）有权变更协议内容，一旦协议发生变更，会通过相应页面、系统提示、信息推送、后台公告等方式进行通知，如消费者继续使用VIP服务，视为已同意变更的全部内容。更新后的协议自更新版本发布之日起生效。按照《电子商务法》第34条规定，“电子商务平台经营者修改平台服务协议和交易规则，应当在其首页显著位置公开征求意见，采取合理措施确保有关各方能够及时充分表达意见。修改内容应当至少在实施前七日予以公示。”《网络交易监督管理办法》第28条还规定，服务协议修改版之前三年的历史版本均应保存，以备消费者查阅、下载。经营者随意修改服务协议，又不保存历史版本，使消费者难以知晓自身权利是否被减损，权益很难得到保障。有的视频平台VIP协议还规定，“（平台）有权不经您同意即将其在本协议项下的全部权利义务部分或整体转让给任何（平台）的关联公司，但保证该转让行为不会影响或损害您之前享有的权利。”此类概括性自我授权规定，排除、限制消费者权利，明显不公平、不合理。

4. The agreement must not be changed at will, and the rights and interests of users must be implemented. Some video platform VIP member service agreements stipulate that (the platform) has the right to change the content of the agreement. Once the agreement changes, it will be notified through corresponding pages, system prompts, information pushes, background announcements, etc. If consumers continue to use VIP services, they will be notified. All content that has been agreed to change. The updated agreement shall take effect from the date of release of the updated version. According to Article 34 of the "E-Commerce Law", "E-commerce platform operators should publicly solicit opinions in a prominent position on their homepage when revising platform service agreements and transaction rules, and take reasonable measures to ensure that relevant parties can fully express their opinions in a timely manner. Modified content It should be publicized at least seven days before implementation." Article 28 of the "Internet Transaction Supervision and Administration Measures" also stipulates that the historical versions of the three years prior to the revised version of the service agreement should be preserved for consumers to consult and download. Operators modify the service agreement at will without saving the historical version, making it difficult for consumers to know whether their rights have been impaired, and it is difficult to protect their rights. Some video platform VIP agreements also stipulate that “(platform) has the right to transfer all its rights and obligations under this agreement to any (platform) affiliated company in part or in whole without your consent, but it is guaranteed that the transfer will not Affect or damage your previous rights." Such general self-authorization regulations, which exclude or restrict consumer rights, are obviously unfair and unreasonable.

中消协认为，视频平台贴合用户需求，提供VIP会员服务，应当尊重广大消费者，恪守诚信原则，遵守法律规定，杜绝唯利是图，违法欺客，霸王条款。希望各视频平台经营者认真自查，主动整改，少一些套路、多一些真诚，依法承担应尽义务和责任，切实保障消费者合法权益，真正在完善用户体验方面下功夫，让消费者花的每一分钱，都能得到质价相符的应有回馈。

The China Consumers Association believes that the video platform that meets the needs of users and provides VIP membership services should respect consumers, abide by the principle of good faith, abide by laws and regulations, and eliminate profiteering, illegal bullying, and overlord clauses. We hope that all video platform operators will conduct self-inspection, take the initiative to rectify, take less routines, be more sincere, assume due obligations and responsibilities in accordance with the law, effectively protect the legitimate rights and interests of consumers, and really work hard to improve the user experience, so that consumers can spend it. For every penny, you can get due feedback that matches the quality and price.

From website: http://baijiahao.baidu.com/