Why can telecom operators who "change users' ringtones privately" be so overbearing?

"China Unicom's 5G to the nth power, new brand, new era, new guidance, new era, n dreams, n futures, n connections, and China Unicom's 5G to the nth power have opened up n possibilities in the future ..." Recently, Mr. Zhu, a citizen of Suzhou, Jiangsu Province, found that his ringtone was actually replaced by China Unicom's 5G advertisement. In this regard, he expressed anger. (China Youth Daily, September 2)

Recently, mobile ringtones have become "network celebrities". Just now, the director's ringtone has been set to "stop", and the operator has changed the user's ringtone privately. At present, there are music, songs, story lines, character dialogues, advertisements and so on. Among them, mobile phone users generally have informed consent. However, some advertising color ring tones are "advertised" by users without knowing it.

For example, Mr. Zhu's ringtone is an advertisement of Unicom, which will make people mistakenly think that they have received the advertising fee of Unicom. The fact is that the original ringtone was secretly replaced by an advertisement by Unicom. And this situation is not unique in the local area. It is reported that the card opening agreement does not involve any content related to the "ring back tone" service, which means that there is no basis for China Unicom to exchange users' CRBT privately.

From the common sense, telecom operators either have an agreement in the contract or get the user's consent in advance, but none of them exist. It can be seen that Unicom Suzhou Company is very overbearing and overbearing, treating users as their own "private property" and using them as they want. This kind of hegemony not only damages the legitimate rights and interests of users, but also violates many laws and regulations, which can be said to be supercilious.

The reason why it is so overbearing is not only because it pretends to be ignorant-it doesn't understand relevant laws and regulations, but also because users are relatively weak and bullied, for the sake of commercial interests-it wants to advertise for 5G users at zero cost. Unicom explained that the ringtone service is the default option, and the user has not changed the ringtone content. The default is the factual contract relationship. How does Unicom change privately?

According to China's contract law, the parties shall perform their obligations as agreed, and shall not change or terminate the contract without authorization. Suzhou Unicom changed users' color ring tones privately, which obviously violated this law. In addition, legal sources pointed out that Unicom's move also violated the Consumer Protection Law, the Advertising Law, the Telecommunications Regulations and other laws, which can be described as "a heinous crime".

Is Unicom Suzhou Company really ignorant of the law? In fact, anyone with a little legal knowledge knows that it is illegal to change the user's ringtone privately, not to mention that state-owned enterprises generally have legal departments or legal advisers. So it's probably pretending not to know the law. Of course, whether it is installed or not, as long as it infringes on the rights and interests of users, Unicom headquarters, relevant regulatory authorities and users should say no to this behavior.

From the user's point of view, you can safeguard your legitimate rights and interests through complaints and prosecutions. , you can ask China Unicom to stop the infringement immediately, or you can ask China Unicom to make compensation-refer to the advertising market price. From the operator's point of view, at present, it is in the stage of 5G users' battle and port number transfer, and the phenomenon of infringing users' rights and interests is not conducive to Unicom's corporate image and market competition.