Research On The Legal Regulation Of Internet Advertising Blocking In China

In the face of the proliferation of Internet advertisements,lengthy and difficult to close,Internet ad blocking technology has emerged,and disputes over unfair competition related to this technology have emerged.Internetad blocking has promoted the innovation and development of the technology,while at the same time,it has damaged the fair market competition order and impeded the freedom of market competition.The Anti-Unfair Competition Law has added a "special article for the Internet",but the article still cannot solve the disputes related to ad blocking.At present,China does not have clear provisions on how to regulate the Internet ad blocking behavior,resulting in difficulties for the court to determine the behavior,specifically in the following five aspects: the Internet underwriting clause has an unclear definition of "obstructive" behavior and a broad scope of application,the judiciary tilted to the general provisions,the standard of competition relationship is not uniform,and the court has a misunderstanding of whether the Internet ad blocking behavior is justified.There is a misunderstanding of whether the Internet ad blocking behavior is justified,and there is an imbalance in the analysis of interests.The main reasons for this are the lag of the law,the difference in the courts’ perception of competition law and the special nature of Internet ad blocking.In response to the above problems,this paper studies the legislative purpose and essence of the Anti-Unfair Competition Law and the current situation of judicial practice,and proposes five recommendations to regulate this behavior by drawing on the experience of legal regulation of Internet ad blocking in foreign countries,specifically: accurately defining the "obstructive" behavior and limiting and classifying the scope of application,strictly The author expects that the above suggestions can better protect the interests of the consumers.The author expects that the above suggestions can better regulate the Internet ad blocking behavior,solve the disputes between academic and judicial practice,and maintain the free and fair market competition order.