Research On The Legal Regulation Of Internet Advertisement

With the development of Internet technology,the proportion of online advertising in the advertising market is increasing year by year,which has evolved into the most favored marketing method of many advertisers.According to statistics,China’s online advertising revenue reached 369.4 billion Yuan in 2018,up 24.2percent from the previous year.Online advertising has become the darling of major advertisers,advertising operators and publishers,and the online advertising industry has gradually become the new economic pillar of the advertising industry.The network advertisement market is becoming mature day by day,but the construction of the legal regulation system about the network advertisement in our country is not perfect yet.Online advertising is not only related to the realization of economic freedom and freedom of speech,but also affects the protection of public interests and the healthy development of economic market.Therefore,this paper is divided into four parts to study the legal regulation of online advertising.The first part of the definition of network advertising,components,characteristics and main forms of expression to elaborate,clear positioning of network advertising.There is no consensus on the definition of online advertising in academic circles,and it is difficult to define online advertising just by virtue of one definition.The release of online advertisements shall be through Internet media;Product information that must be disclosed by laws and regulations does not belong to online advertising.I hope to take this opportunity to have a clear and comprehensive understanding of online advertising.In addition,on the basis of the full contrast between traditional advertising and network advertising,the particularity of network advertising is summarized.The wide spread,the reduction of identifications,the preoccupation of users’ attention,the reliance on precise delivery technology and the innovative and diversified operation mode are all the embodiment of the particularity of online advertising.The second part summarizes the current situation of legal regulation of online advertising.Combined with the current development of network advertising,false advertising,hidden advertising and other full of daily life,many network users can not bear its disturbance.At the level of legal regulation of online advertising,the existing legal norms are scattered and low level,and the particularity of online advertising is not paid enough attention to.The precise delivery technology of online advertisement relies on the calculation of user preference,which is suspected of violating user privacy.The network advertisement pattern is various,the network advertisement market has appeared the new advertisement activity main body and the new operation pattern,how to regulate these main body and the pattern,should also be taken into account the scope.In addition,there is a lack of coordination between the legislative norms and application of online advertising,which makes judicial and law enforcement departments helpless in dealing with the problems of online advertising.The third part carries on the first and the second part,carries on the value analysis to each kind of rights and interests involved in the network advertisement legal regulation.While citizens are independent individuals,they are also members of society.When citizens carry out social activities,their rights will inevitably overlap and collide,and conflicts of individual interests will follow.The state then ACTS as a counterweight to conflicts of interest.However,the state cannot intervene between the subjects of citizens without any reason.Only in order to protect the interests of othersubjects or social public interests can the state take the initiative to intervene.Therefore,even for the purpose of protecting the public interest or other individual interests,the state cannot arbitrarily take measures that are not compatible with the realization goal,that is,the measures taken by the state must conform to the principle of proportionality.The embodiment of the free online advertising is not only an economic activity,but also the specific forms of commercial speech,should be protected by the constitution,but illegal online advertising behavior of consumers’ right to know and privacy may do not underestimate the damage,so it is necessary to properly select online advertising regulation mode,based on the principles of proportional value to seek a balance between rights conflict.The fourth part aiming at the problems raised in the second part,puts forward its own Suggestions on legislation decentralization and ignoring the particularity of network advertising.As an expression of economic freedom and freedom of speech in the economic field,the freedom of online advertising should be protected by the constitution and laws.The limits of regulation should be considered when regulating network advertising to ensure that the state power operates under the constitutional framework.The fourth part mainly from the legislative and regulatory aspects.At the legislative level,combining with the third part,it clarifies the legislative value orientation of network advertising,attaches importance to the specific needs of network advertising,and attaches importance to the complete coordination of the legal regulation system of network advertising.In terms of supervision,it is suggested to adopt the mode of government leading supervision and self-regulation of network advertising industry organizations and associations.