At last, taking a pop at annoying online ads

Banning pop-up ads

Under the draft of the Interim Measures for Internet Advertisement Supervision and Administration, users of mail services and instant messaging tools can report pop-up ads to the watchdog which can then ban them.

In addition, Internet ads that cannot be closed and fake close button that bring more pop-up ads are banned. Pop-up ad operators found to be in breach of these rules could be fined three times what they gained from the software. Already, ads promoting illegal services, such as gambling or pornography, are prohibited and members of the public receiving them can sue those responsible.

Zhang Zheng, deputy director of Jing'an Notary Office, said that to take action against pop-up ad operators evidence must be provided, such as screen grabs or video footage.

"It's more and more often for web pages or instant messaging tools to be used to push junk or even illegal content. We've received many requests from clients to help them with this," he added.

But Wei Zhenhao, a partner with Shanghai-based law firm Hanyuan, said suing those behind pop-ups promoting illegal services was not always easy.

"Technically it works but there's still a problem — finding the operator," explained Wei. "As web pages or a user's browser can be hacked and pop-ups maliciously implanted, it's sometimes very hard to trace the source. If you can't find the operator, you can't file a lawsuit."

With regard to the new proposals, there are concerns that operators of lucrative pop-ad businesses will be undeterred by the proposed administrative fines.

Liu Chunquan, a member of Information Network and New Technology Research Committee of Shanghai BAR Association, said that the rule is mainly administrative legislation, lacking clauses on civil liability. "Some operators may prepare extra budget to pay the business watchdog's penalty and fear nothing," Liu said. "People may take them to court but without support of specific clauses on civil liability, they may not be fully compensated."

These reservations aside, the proposed rules show at least that the state administration has made a decision to tackle the plague of pop-ups.

This is a key step.

For a long time the Internet has been home to ads on the edge of law for malicious marketing and threatening our data security and privacy.

This situation must change.