At about 9:00 on May 24, the entrance of Jiangtai subway station in Chaoyang District, Beijing was full of shared bicycles. Some baskets and car bodies sharing bicycles are covered with various small advertisements: 24-hour beauty service, withdrawal of provident fund, renting a house, issuing invoices on behalf of others, private clubs, Beijing brand indicators
At this time, it was the morning rush hour. In order to solve the problem of "the last kilometer" to work, many people chose to ride and share bicycles. I found that every young man couldn't even pick a small bike. I felt that he couldn't even pick one or two young people on the car. I was joking about it
The reporter of "rule of law daily" saw at the scene that among the shared bicycles parked at the entrance of the subway station, there are 8 small advertisements on the body at most.
The reporter's investigation found that sharing bicycles has become a new "host" of small advertising "psoriasis". These small advertisements are not only illegal content, but also in various forms. Some exist in the form of QR codes and are deliberately posted at the original QR codes, which makes it difficult to distinguish them from riding and scanning QR codes at a glance.
The interviewed experts believe that sharing bicycles has become a new "host" of small advertisements, which will not only affect the use experience of sharing bicycles, but also have adverse social effects and potential hazards in some illegal advertisements. The small advertisements posted on shared bicycles show the characteristics of strong concealment and liquidity, which leads to problems in supervision. It is urgent for relevant departments and shared bicycles platform enterprises to work together to solve the problem of "psoriasis" in the city.
Advertising covered with shared bicycles
Frequent roast about travel impact
Scan the code and prepare to unlock. Suddenly, an interface to add friends pops up. Ms. Xu, who lives in Chaoyang District, Beijing, was tripped by the "true and false QR code" behind her bike when she went out to scan the QR code of her shared bike not long ago.
Sharing a bicycle usually sets a QR code for unlocking behind the seat, but the car Ms. Xu chose has two QR codes of the same size. When she opened her mobile phone to scan the code, she scanned the wrong QR code for many times, and the friend adding interface popped up. The nickname of the account is "private club ~ Xiaomei". The avatar is a sexy beauty with relatively exposed clothes. In several circles of friends visible to her non friends, she is filled with all kinds of sexy beauty pictures and words such as "private club", "linger" and "comfortable".
Ms. Xu said that she was "like being scalded by hot water" and immediately decided to change to a shared bike, but there were small advertisements on the four or five shared bikes parked around. "I feel very uncomfortable. It seems that my bike sharing behavior has been used by others, which has contributed to the spread of these advertisements."
Ms. Xu is not alone in being plagued by small advertisements on shared bicycles. Recently, the reporter visited many subway stations and community gates in Beijing and Tianjin and found that shared bicycles covered with small advertisements have become the "mainstream", and it has become difficult to find a clean shared bicycle.
For example, 39 of the 57 shared bicycles near a subway station in Chaoyang District of Beijing have small advertisements; Among the 69 shared bicycles parked near the leisure garden of a community in Jiuxianqiao street, Chaoyang District, 40 have small advertisements.
In the afternoon, beside the shared bike in the leisure garden, children in school uniforms were playing nearby. Occasionally, curious boys and girls were attracted by the colorful small cards in the shared bike basket. Mr. Chen, the parent of a girl in grade one of junior high school, told reporters: "I tear this kind of small advertisement once I encounter it, but I can never tear it clean. Some advertising contents are seen by children. They are really afraid of affecting their children's mental health and exploring out of curiosity."
On the afternoon of May 19, the reporter found at the subway entrance of Chenglin Road, Hedong District, Tianjin that 15 of the 30 shared bicycles nearby were labeled with small advertisements such as "loan", "withdrawal of provident fund" and "house sales". Mr. Li, a citizen who is scanning the code to unlock the vehicle, told reporters that he has to ride back and forth between his home and the subway station every day. He can scan the shared bike with small advertisements every two days. "I've seen four or five kinds of advertisements at most. The QR code on some cars will be blocked by advertisements or advertising QR codes, which will not only affect the appearance of the city, but also affect the normal use of vehicles."
The reporter's investigation found that most of the small advertisements on shared bicycles are illegal contents, such as "beauty service", "private club", "issuing invoices on behalf of others" and "withdrawing provident fund". In the form of expression, there is a blatant display of illegal content directly through words; There are colorful pictures printed with "beauty" to attract attention; There are also some advertisements with more formal contents on the surface; There are also advertisements disguised as two-dimensional codes that can only understand the specific information after scanning the codes.
Advertising content is suspected to be illegal
Comprehensive governance is imminent
Zhu Xiaojuan, Deputy Secretary General of the Commercial Law Research Society of China Law Society and associate professor of China University of political science and law, told reporters that small advertisements containing illegal contents such as "beauty service" and "issuing invoices on behalf of others" are suspected of violating laws and regulations such as the advertising law, the public security management punishment law and the regulations on the administration of urban appearance and environmental sanitation.
In fact, even small advertisements without illegal contents, such as "rental information" and "handling seal engraving", can not be posted on shared bicycles at will.
According to Wu Di, a researcher at the Research Center for the rule of law in national governance of Hebei University, according to the provisions of the advertising law, it is suspected of infringement to post advertisements on shared bicycles without the permission of the operation company, and the operation company has the right to investigate its relevant responsibilities. In addition, many cities also have corresponding local laws and regulations to manage and punish such acts. For example, the regulations of Beijing Municipality on city appearance and environmental sanitation stipulates that those who use or organize the posting, graffiti, depiction, spraying and distribution of slogans, publicity materials and advertisements for publicity without authorization shall have their illegal property and illegal income confiscated and be fined not less than 10000 yuan but not more than 100000 yuan; If the circumstances are serious, a fine of not less than 100000 yuan but not more than 500000 yuan shall be imposed.
However, on the shared bicycle application platform, the reporter found that there was no content to report and feedback on small advertising problems on each platform, only options such as fault repair, safety problems, loss of items and so on.
With regard to the proliferation of small advertisements on shared bicycles, the reporter recently called and consulted the customer service personnel of several shared bicycles enterprises. The replies are similar: the relevant problems are known, and the situation has been reported to the operation and maintenance department. If it is found offline, it will be cleaned up accordingly.
Among them, the customer service staff of meituan bicycle told reporters that when putting in the vehicle, they should ensure that the vehicle body is clean and tidy. The staff will clean up the small advertisements on the vehicle body when recycling the vehicle and patrolling the street for secondary sorting of the vehicle. However, due to the lack of manpower and deployment arrangement, they sometimes fail to deal with the small advertisements on the vehicle body in time.
Zhu Xiaojuan said that the phenomenon that shared bicycles have become the new "host" of small advertisements shows that there are different degrees of vacancy in terms of system supply, administrative supervision and preventive measures of bicycle operators. The proliferation of small advertisements on shared bicycles will not only affect the city appearance and urban environment, impact the social management order, but also trigger illegal and criminal activities and infringe on people's mental health. We must deal with them.
High mobility and strong concealment
There are some difficulties in governance
The interviewed experts believe that the small advertisements on shared bicycles are different from the previous "urban psoriasis", and some new features caused by their attachment to shared bicycles have increased the difficulty of governance to a certain extent.
Zhang Zhen, chief of the small advertisement management section of the cleaning guidance center of Nanjing Urban Management Bureau, Jiangsu Province, told reporters that in recent years, small advertisements attached to shared bicycles have shown new characteristics of concealment, mobility and cunning. For example, small advertisements on shared bicycles often use QR codes instead of telephone numbers, which is not easy to track; The number of shared bicycles is large, the flow is large, and it is difficult to obtain evidence on site; Most of them are remote numbers, which is difficult to stop processing; The large number of Posts and the high cost of enterprise operation and maintenance have created new problems for urban management.
Zhu Xiaojuan proposed that for small advertisements on shared bicycles, we should distinguish whether the platform is launched as an advertising operator, or provides a delivery channel to launch as an Internet information service provider, or because the mobility of bicycles is too large and abused beyond the control of the platform operator. At this time, there should be different governance rules, different legal status, and different specific obligations undertaken by bike sharing operators.
In Wu Di's view, some illegal advertisements in small advertisements on shared bicycles need to be cracked down by different departments such as public security, market supervision, culture and tourism from the source according to law, depending on the types of illegal advertisements. In order to avoid law enforcement, some illegal personnel changed the communication number on the small advertisement to a two-dimensional code, resulting in some difficulties for law enforcement departments in obtaining evidence and later performing law enforcement procedures. This problem needs to be solved urgently.
He also mentioned that on the one hand, the governance of illegal small advertisements depends on on on-site evidence collection, on the other hand, the power of public supervision can not be ignored. However, compared with walls and poles, the biggest difference between shared bicycles is mobility. In the process of on-site evidence collection by law enforcement departments or public reporting, some shared bicycles have been ridden away, or have been moved to other areas by management personnel. Even if territorial management is strengthened, sometimes it is inevitable to miss the net.
In recent years, many places have paid attention to and carried out the cleaning up of small advertisements for sharing bicycles.
For example, the Chengdu Municipal Office for governance and non-governmental organizations in Sichuan Province organized a special rectification action against illegal posting and writing advertisements in the second quarter of this year, and the treatment of "psoriasis" on the shared bicycle body has become one of the key points. The special rectification action will take place from May 9 to June 20.
The reporter learned from the small advertisement management section of the cleaning guidance center of Nanjing Urban Management Bureau that in order to comprehensively curb the spread of small advertisements on shared bicycle bodies, Nanjing urban management department has focused on the existing problems and carried out a series of rectification work in recent years:
Department linkage and joint rectification. In conjunction with the Municipal Public Security Bureau, the Municipal Transportation Bureau, the municipal housing provident fund management center and other departments, we interviewed three bicycle sharing enterprises in Nanjing, informed them of their cleaning obligations and legal responsibilities, issued rectification notices, required enterprises to come up with rectification plans, set up professional cleaning teams, implement the cleaning responsibilities, allocate all cleaning personnel in strict accordance with the ratio of 20 / 10000-15 / 10000 people and vehicles, and focus on increasing the management of subway transfer areas, colleges, window areas The cleaning efforts around the commercial center square continue to promote the replacement of anti sticking shared bicycles.
Conduct special spot checks and urge rectification. Since 2021, the urban management department has carried out several rounds of random inspection of small body advertisements in the whole city, formed a notice, fed back to the enterprises at the first time, and guided the interviewed enterprises to do a good job of rectification. If the enterprise refuses to make corrections within the rectification period, the enterprise's new car market quota shall be reduced according to the relevant parking management measures.
Innovation management, science and technology application. On the one hand, guide the jurisdiction to squeeze out space for small advertisements on shared bicycle bodies, set up cleaning sites for bicycle enterprises, provide strong guarantee for enterprises to clean up, guide bicycle enterprises to plan public welfare bicycle pop-up publicity activities, and guide consumers to consciously resist illegal small advertisements; On the other hand, it comprehensively guides enterprises in the application of anti sticking materials on shared bicycles newly launched in Nanjing market. New cars adopt anti sticking coating, self-adhesive, etc. some companies adopt removable replacement technology for body parts prone to small advertisements, such as car bars, baffles and other parts, while others adopt hollowed out car baskets and add plastic grids in the chassis of car baskets to reduce the adhesion of small advertisements. From the use feedback, the body advertisements using new materials and new technologies are significantly less than those of unused vehicles.
Involving multiple governance subjects
Collaborative governance of departmental platforms
The interviewed experts generally believe that since multiple governance subjects are involved, it is necessary to implement the concept of collaborative governance and the joint role of relevant authorities, bicycle operators and consumers when dealing with the proliferation of small advertisements for shared bicycles.
Zhang Zhen believes that the basic pattern of participation of all parties, joint prevention and control needs to be formed. Urban management, transportation, public security and other relevant departments have formed mechanisms such as joint meetings, clue handover, information sharing and situation feedback to minimize the living space of small advertisements.
For the relevant regulatory authorities, Zhu Xiaojuan suggested that they should actively formulate relevant management norms, deal with and give feedback in time when receiving complaints, and take supervision means such as spot check, interview and rectification to urge the standardized operation of normal advertising.
Wu Di suggested that law enforcement officers take photos at the scene to obtain evidence, record the contact information on illegal small advertisements, and carry out administrative punishment on the users. The telephone on small advertisements can be transferred to the telecommunications management department for handling according to law. At the same time, all relevant departments implement joint supervision and increase the new means to cut off the communication chain through coordination with network supervision departments, QR code operators and other units.
For bike sharing operators, Zhu Xiaojuan believes that if an enterprise publishes advertisements on its own or as a channel, it should do a procedural work mechanism of pre review, in-process tracking and post feedback correction. For illegal advertisements found, measures should be taken in time to avoid loss or expansion of adverse effects; For the malicious use of bicycles to publish illegal advertisements, although it is difficult for operators to control, they can give safety tips to consumers when bicycles pop up with QR codes.
In Zhang Zhen's view, the management of small advertising of shared bicycle body also needs the extensive participation of consumers. Bicycle users and citizens can take photos of uncivilized behaviors around them and report relevant information to the platform and law enforcement departments in time.
"We can also explore the technical elimination of barriers and stop the business of non local numbers. With the increasing number of illegal posters choosing non local numbers, local communication operators are unable to stop the illegal non local numbers due to the restriction of jurisdiction, which greatly restricts the deterrence of investigation and punishment. Therefore, it is urgent to carry out the shutdown of non local illegal numbers." Zhang Zhen said.
Cartoon / Li Xiaojun