Research On The Regulation Of Anti-unfair Competition Law On The Behavior Of Online Video Advertisements Blocking

In recent years,with the development of information network technology,advertising has penetrated deeper and deeper into social life through network media,and advertising shielding technology has emerged as The Times require.In judicial practice,there are more and more disputes arising from advertising shielding behavior.However,at present,there is no clear regulation on the definition of online video advertising blocking in China’s legislation,and many scholars have criticized the court’s judgment based on the general provisions of the Anti-Unfair Competition Law and the lack of comprehensive argument.Therefore,how to regulate the blocking behavior of online video advertising in China has become a hot topic of academic research.From the perspective of bilateral market theory,property rights theory and other economic theories,online video advertising shielding behavior seems to seriously affect the normal operation and development of video websites,resulting in infringement of their rights and interests.However,the anti-unfair competition law regulates the unfair competition behavior,which not only focuses on the damage of the behavior to a certain interest,but also pays more attention to the qualitative problem of the behavior under the comprehensive consideration of the interests of multiple subjects.Therefore,the introduction of the theory of interest measurement can prompt the court to reach a practical judgment through the specific investigation of the case,which is conducive to the standardization and scientization of the court’s judgment.However,from the current legislative situation of our country,the Anti-Unfair Competition Law fails to give a clear answer on how to regulate the blocking behavior of online video advertising.At the judicial level,the court tends to rely too much on general terms,and the argumentation of the subject of action is not sufficient.At the same time,the court failed to consider the interests of the parties involved in the trial,and the determination of compensation standards by different courts was inconsistent.In the practice of Germany and the United States,the courts pay more attention to the consideration of consumers’ interests,respect users’ independent choice,emphasize the unfairness of the purpose and method of advertising blocking,and also pay attention to the influence of advertising blocking on multiple interests when hearing cases.Although the regulation model outside the region cannot be directly transplanted to China,the beneficial practices are still worth learning from.Therefore,in order to improve the regulation of online video advertising blocking in China,it is necessary to implement both legislation and judicatory measures.In legislation,it is necessary to perfect the legal provisions by issuing judicial interpretation of Internet special articles.In judicature,the court should keep a modest and cautious attitude to the general clause and limit the application of the general clause appropriately.At the same time,the court should strengthen the demonstration of the doer’s subjective intention,comprehensively consider the interests of various subjects and unify the compensation standard.