Legal Regulation Of Internet Commercial Defamation

In the Internet market, the competition becomes increasingly fierce because of Internet company’s business model, whose profits are based on value-added service and advertising fees. In order to constantly improve the user experience and enhance the user stickiness, companies have to upgrade software. However, some Internet market players, whose products are difficult to attract customers or difficult to penetrate niche areas, will take malicious interference of others, malware uninstall or disparage others products. Although Anti-Unfair Competition Law to regulate the behavior of commercial defamation, but the definition of business has loopholes. This has led to the situation that the Internet commercial defamation cannot be regulated by commercial defamation clause. Therefore, it has to be regulated by Article 2 in the Anti-Unfair Competition Law. In addition, Coupled with the Anti-Unfair Competition Law liability deficiencies, result in Internet business defamation continue to occur。So will mainly discuss the following four parts for the Internet business defamation behavior:The first part will discuss the definition of Internet commercial defamation. Cases such as Tecent.Ltd VS Qihoo.Ltd and Baidu.Inc VS Qihoo.Ltd could reflect the current situation, changes, reasons and characters in the Internet commercial defamation. So with the above case and other cases, and the specific circumstances set forth in the field of Internet business defamation case occurred. Cases not happen by chance, you need to analyze the reasons for its occurrence. Finally elaborate Internet business slander behavior and the behavior of the different characteristics of the traditional, such as violations of the rapid spread of the two-way interaction. The above features and reasons that Justice finds Internet business defamation had some changes.The second part would focus on Internet business defamation Elements of judicial determination, including objective action, competitive relationships, subjective aspects. As Anti-Unfair Competition Law regulates business operators, it requires the perpetrators have competitive relationship with victims. In order to maintain the market stability,the definition of competitive relationship has changed from narrow angle to broad angle in juridical practice. Although the articles in Anti-Unfair Competition Law has not been revised, the court has gradually abolished certain elements in both subjective and objective aspects. Morever, the juridical principal of “Shall not interfere with others, only if commonweal needed” which puts forward in the trial has a significant impact on the legitimacy of the internet competition. Nevertheless, the changes of current situation and the characteristics of the Internet business result in the uncertainty of legal liability.The third part of the dissertation will discuss the defects that both of the criminal and administrative legislation fail in regulating liability of the Internet commercial defamation. It could be claimed that although the criminal legislation regulates the liability of conducting business defamation, cases are rare and not referring Internet commercial. Similarly, in terms of administrative liability, although the executive was given the right to supervise and inspect only at the national level without being given an administrative penalty authority, but some local laws and regulations to give the executive the power to carry out commercial slander administrative penalties, resulting in law enforcement that there is no unified phenomenon. In addition, the amount of civil damages in civil liability for defamation Internet business often become the focus of controversy, because of Anti-Unfair Competition Law and its judicial interpretation cannot be effectively established to calculate and determine the behavior of Internet business discredit civil damages amount. Coupled with an apology civil liability could be applied, there has contradictory judicial practice, the need for analysis.The last, in view of the third part analyze the legal responsibility of deficiency, put forward the corresponding countermeasures and Suggestions. Because not every provinces and cities Anti-Unfair Competition Regulations stipulated administrative penalty measures or measures for its implementation, causes the applicable law is not unified, need in Anti-Unfair Competition Law to make unified regulation to the administrative responsibility. Commercial defamation constitutive requirements of subjective aspect, object and objective behavior, to join the Anti-Unfair Competition Law and Criminal Law, strengthen to seriously disrupt the Internet market competition order behavior of the criminal law sanctions. In addition, the civil procedure is too long and temporary restraining use few, need to strengthen efforts to ban the use of before litigation and the condition of clear ban before litigation, improve the protection of the victim. What’s more, the Anti-unfair Competition Law and Internet commercial defamation legal compensation at the end of the damage compensation amount is difficult to determine, need to introduce the punitive compensation system in order to increase the offender does spending and make up for the victim’s economic losses.