Research On Judicial Judgment Regulation Of Video Website Ad Blocking Behavior

Watching online videos has become one of the popular ways for Internet users to obtaininformation and enjoy entertainment.However,users must watch advertisements while enjoying free online video services,which affects the user's viewing experience.In order to cater to the need of consumers to avoid advertising,video advertising blocking tools came into being,followed by a large number of cases of unfair competition and discussions about their judicial decisions.Taking the case of “Iqiyi v.ADsafe net gurus”as an example,before the Anti-Unfair Competition Law of the People's Republic of China was amended,blocking the video website advertisement was found to constitute unfair competition without any exception.After the amendment of the Unfair Competition Law,blocking ads is not specified by the clear text,,and the miscellaneous provisions of the clause related to the Internet is somewhat vague,so the applicable standards need to be tested in practice.On the contrary,Germany and the United States are more tolerant on the issue of video site ad blocking behavior.The United States affirms consumers' right to choose blocking tools.Germany introduced the principle of proportionality to measure the objective effects of blocking behavior and while striving to respect and protect operator interests and consumer interests,encouraged technological innovation to promote the development of the market.This article follows the general idea of “discovering problems-analyzing problems-solving problems”.Firstly,through the introduction of different judicial cases of ad blocking of video websites at home and abroad,it was found that our country believes that this behavior constitutes unfair competition.This contrasts with foreign judgments.Secondly,analyzes and compares the justification of domestic and foreign video website ad blocking behavior.Then further discuss the rationality and inadequacies of the newly revised clause of the Anti-Unfair Competition Law of China,the principles of “business ethics”,“honesty and trustworthiness”and “non-public interest necessary noninterference”in the determination of the nature of the Internet new competitive behavior.Finally,combining the national conditions in China and drawing lessons from the rationality of foreign judgments.The author proposes several suggestions,including judging consumer interests by the general consumer interest standard under the unfair competition law,and the principle ofproportionality should be used to measure the interests of all parties in the case,and judges should consider the impact on technological innovation into account.