On May 5th, 2023, Alipay Fundraising Platform notified the China Biodiversity Conservation and Green Development Foundation (CBCGDF) of the closure of their charity project due to a warning penalty issued by the Ministry of Civil Affairs. In compliance with current management regulations, Alipay requested that CBCGDF lodge an appeal via email once the punishment is lifted or after receiving a clear response from the regulators for resuming normal fundraising activities.
On May 6th, CBCGDF sent an official letter to Alipay Fundraising Platform stating that their actions were illegal and constituted an infringement of CBCGDF's legal rights. According to the CBCGDF's legal team, the platform's actions violate the relevant provisions of the Civil Code of the People's Republic of China, the Charity Law of the People's Republic of China, and the Measures for the Management of Online Fundraising Platforms. As per these legal provisions, CBCGDF has the right to demand that Alipay immediately cease infringement, compensate for losses, apologize, and remove any adverse effects.
The CBCGDF letter emphasizes that the management regulations of the Alipay Fundraising Platform violate the provisions of the Basic Management Norms for the Internet Public Fundraising Information Platform of Charitable Organizations issued by the Ministry of Civil Affairs. The norms require that the subject conducting fundraising on the platform should be a charity organization that has obtained public fundraising qualifications, and no other restrictive conditions are set. Moreover, the regulations explicitly require that the platform should treat fundraising activities equally and fairly, establish a unified and fair information release mechanism, provide services to charitable organizations nationwide, and not refuse to serve qualified organizations based on their location or scale.
The CBCGDF letter points out that the only situation in which an internet fundraising platform can stop the public fundraising activities of a charitable organization is when the organization has been revoked or received administrative penalties such as a suspension of activities. However, the foundation has only received a warning penalty, which does not fall under this provision.
In conclusion, CBCGDF considers that Alipay Fundraising Platform has illegally imposed restrictive fundraising regulations, which have caused significant impact and damage to their fundraising activities. CBCGDF intends to request the Ministry of Civil Affairs and the State Administration for Market Regulation to investigate the platform's illegal actions. They also reserve the right to initiate civil litigation against the platform to hold them accountable for their actions.
Previously, sources revealed that CBCGDF had sued the parent company of Alipay for the sale of cheating tools for car inspections on "Taobao". In addition, CBCGDF had expressed concerns about Alipay's public welfare program, which involved the large-scale planting of a single species in the desert. It's not surprising that the Alipay's public welfare platform has made long-term suppression on CBCGDF in terms of project approval, online placement, and traffic control in the Alipay platform over the past years.
[More reports]
On Environmental Public Interest Litigation: CBCGDF LWC Answers Media Interview
http://www.cbcgdf.org/English/NewsShow/5012/23548.html
Jia Minzheng: Where will China’s Environmental Public Interest Litigation go as Pioneering Organization is Punished?
http://www.cbcgdf.org/English/NewsShow/5004/23516.html
Translator: XIaoai
Editor：YJ
Contact: V10@cbcgdf.org; +8617319454776
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