Legal Regulations Of Web Advertisement

With the rapid development of the Internet, the web advertisement is surging ahead as an emerging industry. But as a Chinese proverb goes: nothing can be accomplished without norms and standards,the disorder of internet development causes seriously side consequences to the web advertisement sector. Despite many business expectations provided by the rapid growth of the web advertising, we cannot be too optimistic because of current disorder. As the market is expanding quickly, it is obviously significant to change this state with each passing day. Web advertisement in China is in the initial stage with great potential, so we should formulate concerning regulations as soon as possible in order to rectify this sector through laws. This passage analyses the existing legal problems in web advertising, providing legal suggestion to issue the problems, and giving proposals on the formulation and perfection of web advertising legal system.The whole passage is divided into 4 chapters.Chapter 1 is the general statement for the entire web advertisement industry.Web advertisement is a kind of business advertisement which is released and disseminated by the medium, internet. In brief, it refers to the kind of advertisement made and signified by digital technology based on internet. In recent years, with the development of computer and internet technology, web advertising is quickly emerging as a new advertising medium, which is called 5th medium. The rapid development of web advertisement is the result of its own characteristics. It enjoys a broad scope and a fast speed of transmission with retrieval, flexibility, punctuality, repeatability and clear orientation; it boasts a strong price superiority with simple manufacture and low cost; and also it embraces the most vigorous community of consumers. There are web advertisements of different kinds including banner advertisements, logo advertisements, button advertisements and other tens of patternsChapter 2 analyses the legal problems existing in web advertisement.The difficult problems caused by web advertisement mainly focus on the following aspects:1.The identification of web advertisement nature and division of the body boundary2.The supervision and examination of web advertisement content3.The illicit competition in web advertisement4.The jurisdiction of web advertisementIn addition, illegal web advertisements also include the bait advertisements, the false advertisements, the fraudulent advertisements, abusing celebrity portraits advertisements, selling goods with prize online advertisements,recessive advertisements,the junk-email advertisements, the compulsive advertisements, violating netizens'privacy rights advertisements and so on. Therefore, strengthening the overall management to web advertisement has become an urgent task. All the advertisements mentioned above encroach on the netizens'rights and interests and hinders their use of the internet. Especially the advertisements forcing them to read not only go against the principles of voluntaries, but also take up netizens'rewarding online time for free, which should be limited through laws and regulations.Chapter 3 discusses how to regulate and manage the legal problems caused by web advertisement.Firstly, this chapter introduces legislation status quo in terms of web advertisement at home and abroad. China adopts such a legal system to rectify and supervise web advertisement industry that takes PRC Advertisement Law as the center , supported by administrative laws and regulations such as Decree of Management to Internet Information Service and Computer Information Network International Networking Management Temporary Provision, and supplemented by local regulations in Beijing , Shanghai ,Guangzhou and other cities with an early development of internet. In the overseas , U.S. has formulated Counter-Junk Mail Law but with little effect; while countries in EU have enacted sound and complete legal systems with rewarding effect including Electronic Commerce Instruction, Long-distance Contract Instruction and other related instructions protecting individual data and privacy rights.Secondly, we should make clear about the basic principles of regulating web advertisement if we want to investigate the problems. These principles are as follows: medium neutrality principle, technology neutrality principle, and opening development principle.Last but not the least, I propose approaches in details to issue the problems in line with those in web advertisement such as identification of web advertisement nature and division of the body boundary, supervision and examination, illicit competition , and jurisdiction of web advertisement.Chapter 4 mainly discusses suggestion on the perfecting and complementing China's web advertisement legal system.Firstly, advertisement legislation should be supplemented and improved. The legal method is the basic one to manage the web advertising industry. However, it is far from enough to rectify it only by these traditional law and regulations such as Advertisement Law, Counter Illicit Competition Law and Consumer Rights and Interests Protection Law. Therefore, it is an urgent task to formulate a new web advertisement law to regulate it.Secondly, the legal of web advertising management should be established and perfected. Moreover, the combination of laws and industry rules should be attached great importance to. Since web advertisements are different from other ones, only through special laws and regulations, can we manage web advertisement sector more typically and accurately. In terms of electronic commerce, law cannot pre-list all the provisions, so industry rules should take the same effect as laws to rectify the web advertisement environment before concerning laws are enacted.Thirdly, we should intensify the investment in web advertisement managerial technology development. Many problems in the internet cannot be completely addressed by law, which also need advanced computer and web technology.Fourthly, web dealing system should be established; supervision agency should be regulated; and the combination of governmental management and industry self-discipline should be prioritized.Fifthly, given a sea of web advertisements, an incomplete legal system and imperfect management, consumers should cultivate the abilities of resolving and preventing the fault advertisements in order to reduce the possibility of being cheated and avoid the violation of fault web advertisements.Last but not the least, different countries in the world should intensify the exchanges and cooperation, communicating and assisting with each other, providing a favorable environment for the global web advertising development in order to strengthen the international cooperation and realize the international protection of web advertisement.