Research On Filtering Internet Advertising Forming Unfair Competition Behavior

With the rapid development of the Internet industry,Internet advertising is everywhere,and consumers are getting used to the existence of Internet advertising.However,problems such as excessive junk advertisements and long video advertisements have reduced the consumer's web experience and have plagued consumers for a long time."There is demand for supply",many browsers and plug-ins with filtering advertising functions appear one after another,and the advertising filtering function is used as a selling point to successfully attract consumers' attention,but the behavior of filtering advertisements infringes on advertising as the main source of profit.The "lifeline" of Internet companies has led to complaints of unfair competition.Internet advertising filtering technology promoted under the Internet competition market involves consumers' interests,other Internet platform operators' interests and social public interests,and needs to be regulated by law.This paper defines the behavior of filtering Internet legal advertisements as unfair market competition behavior..However,due to the lag of the law,the unfair competition behaviors specified in the provisions of the Anti-Unfair Competition Law do not include filtering Internet advertising behaviors,so it is necessary to implement the background of the new "Anti-Unfair Competition Law" from the subjective objective.The two standards clarify the nature of filtering Internet advertising behavior.This article focuses on the following three aspects:The first part: This part is mainly about the theoretical explanation of Internet advertising and filtering behavior,including the definition and type of Internet advertising and filtering behavior and the impact of filtering Internet advertising behavior on the advertising market.Consumers have a tolerance for Internet advertising.When the length of advertising is too long,the number of advertisements continues to increase,and the content of advertising is inferior,the probability of consumers choosing to experience filtering technology will increase significantly.Filtering Internet advertisements are more common in browsers,filters,external devices such as routers,filtering,third-party software,and plug-in filtering.The emergence of filtering technology has brought positive effects to enhance user experience,protect user privacy,and promote the optimization of business models,but at the same time we can not ignore its negative impact: the decline in Internet advertising revenue,the filtering of the party is forced to take self-reliance,The filtering party takes the opportunity to collect protection fees,waste social resources,and so on.Through analysis,it is found that China's advertising filtering cases focus on video patch advertisements,so the analysis and argumentation of this paper is mostly exemplified by video patch advertisements.The second part: This chapter takes the background and significance of the Anti-Unfair Competition Law as the starting point.Based on the logic analysis of legal provisions,the supplementary needs of legal loopholes and the legal response of the Internet market,the Anti-Unfair Competition Law The general terms and conditions are analyzed in the Internet field.Under the framework of the identification of new types of unfair competition behaviors on the Internet,the author analyzes the three components of the subject,behavior,and damage consequences stipulated by the statutory provisions.This paper explores two kinds of trial paths for unfair sexual behaviors in the Internet field: one is the path of honesty and credit principle and business ethics as the rule of judgment,and the other is to analyze whether an action in the Internet market causes a violation of the interests of the legitimate business of others;Finally,the above two paths are evaluated;the application of the two paths in different situations is distinguished.The third part: from the three aspects of subject qualification,infringement object and behavioral unfairness,specifically discusses the criteria for judging the formation of unfair competition by advertising filtering.The video website service provider attracts the user's attention through the free video playback service,converts the user resource into economic benefits,and the advertisement filtering service provider conforms to the competitive qualification of the subject qualification;because the video advertisement has no maliciousness,the advertisement filtering case There are legitimate rights and interests that need to be protected.In practice,the rights change from the original business model's legitimacy to the business interests behind the business model;in the specific referee process,the principle of good faith can be regarded as recognized business ethics.However,because the abstract concept is not easy to define,it can only try to exclude the industry-recognized exemption by the exclusion method,so as to conclude that the behavior is not justified.Based on the joint consideration of these three aspects,it is finally determined that filtering Internet advertising behavior is a market competition behavior that does not have legitimacy.At the same time,this part takes Tencent Company v.World Xinghui Company as the main case of unfair competition disputes,interspersed with the background of the analysis case and the basis of the first-instance,second-instance reversal and court judgment,and then combined with the general anti-unfair competition law.The terms and judgments of the case were analyzed for the focus of the case and the case was commented.Finally,it puts forward suggestions for judicial adjudication of Internet advertising filtering cases: taking into account the long-term public interest,considering the interests of consumers by the "general consumer" standard,measuring the judgment of interests through the principle of proportionality,and fully considering the impact of judgment on technological innovation.