Internet Advertising Of The Tort Liability

With the advertising industry, extensive use of the Internet change dramatically. In this process, online advertising has also been rapid development. The initial momentum of development is not favored until the beginning of 1998 surge in the number of Internet users, online advertising has risen rapidly, more than ten years to get a great development.There is no doubt the advantages of online advertising, then showered with a variety of legal issues, especially the most prominent infringement. Online advertising than traditional advertising has many tort different ways more like tort, spread wider, also implicated in the activities of the main carrying out the scope of traditional advertising ... ... Although the very great market potential and broad development prospects, but cast a shadow of its development is also a worrying trend.Based on the discussion, the judge continued the general tort of legal elements and the imputation of logical form, make peace online advertising and features a unique mode of transmission, transmission from the Perspective of tort liability of online advertising commitment to break the study at home and abroad The blank spots. Legal theory, tort liability must first identify the main subject violations, and violations by the force of the main reasons for the size of sub-responsibility. However, the main complex online advertising staggered, the definition is still the remaining controversial issues, tort occurred accountability more difficult to clear. This breaks the traditional advertising on the activities of the three main categories - advertisers, operators, publishers, try the main basis of all online advertising activities in the roles played, by advertisers for the network, network operators, network service providers , and so combined with the principle of imputation how tort liability.These are the arguments on the idea of this macro, in addition, focus on Internet service providers (ISP), the exclusive online advertising the main economic activities, the network ads on their specific "identity", and its network to control the scale of the legality of the content of advertising messages, which bear what responsibility are the hot topic nowadays. In the main text is to review, learn from the U.S. ISP accountability scale of history and experience. I believe the network of relevant legislation is imperfect lesson of a great place. Infringing on several forms of online advertising: spam advertising, false advertising, violation of consumer privacy advertising, stealth online advertising, etc., now there are some regulations and policies in China have been put forward, but still can not effectively regulate, causing problems in this area Department of the main reasons for the legislative system, monitoring system and lack of industry self-regulatory organization. This paper describes some of the foreign-related cases and legislation, in order to demonstrate in our country or applicable, to guide the judicial infringement of online advertising practice or legislation.