New Forms And Legal Responsibility Of Network Commercial Defamation In China

Commercial defamation action spreads to the network market in traditionalmarket with forming commercial defamation action on the network. However, itallows information diffusion to be without control and radical speech and wantonattack to be more rampant due to the advantages of network virtuality, openness andanonymity in information diffusion and public opinion guiding. In the meantime,businesses, by the Internet, disperse rumor as well as hire, organize and instigatesomeone to defame, damage commercial reputation for their competitors with causingmore goods reputation events. Then, these Events not only have damaged thecompetition order of normal network market, but have hindered social developmentand sic-tech progress. Therefore, the severe strike and sanction for the networkcommercial defamation action should be imminent.Due to Anti-unfair Competition Law of the People’s Republic of China withearly legislation, its legal provision with immaturity and illegal action in the networkmarket without covering, the law for crack-down on and sanction on the networkcommercial defamation action became hysteresis in China. Although, suchdepartments as public security, culture and information sector in China have issued aseries of regulations, these rules and regulations only strengthened supervision fromtheir function and power with lacking of legal system, lacking of their legal deterrentforce.Therefore, combined with the typical and frequent network commercialdefamation action at the present stage in China, the paper inspects some relevant rulesand regulations to have some tentative discussions for the forms and legalresponsibility of network commercial defamation in China, which can provide someuseful legislation advices so as to regulate the network commercial defamation actionin an effective way.