Research On Internet Advertising Legal Supervision

Internet advertising is growing swiftly in such an era when the Internet develops rapidly,owing to its various and flexible ways of issuing, and the abundance and concreteness intransmitting information as well as the lower price. The Internet applies nearly to all kinds ofadvertising issue, achieving enormous economic benefits.However, unfair competition and infringements are growing recklessly at the same time,unfair completion such as false advertisements, fraudulent advertisements, mandatorycommercials cause disruption in market economic system, violate legitimate rights andinterest of the consumers, infringe upon intellectual property rights, result in waste ofnet-work resources and huge economic losses. Presently, China’s internet advertisingregulation mainly includes the "Advertising law","Anti-unfair competition law" and"Consumer protection law" in legislation and other administrative rules and local regulationson ads online. Relevant agencies take charge of the supervision of advertising onlineincluding the industry and Commerce Administration, the public security organs, Food andDrug Administration, Drug Administration, Tobacco Authority at all levels, Each agenciesexercise it’s duties according to the laws and regulations as well as the forms and contents ofthe ads. Nevertheless, the control of illegal internet advertisements has not been attacheddeserved importance until recent years after it’s more than one decade’s development. Nowmany industrial and administrative authorities have made a breakthrough in the investigationand treatment of internet advertisement which is gradually emphasized.As far as the status quo of the development and supervisory of ads online is concerned,our relevant monitory system show deficiencies both in legislation and enforcement on it. Toimprove the internet advertising system is the necessary requirement of the day, theembodiment of the depth of socialist concepts of the rule by law, and will contribute todeveloping the economy healthily and steadily. To this end, we should perfect the"Advertising law”, make laws and regulations on email advertising, internet advertisementsinfringing privacy and advertisements of special commodities to regulate the internetadvertising system. Supervisory authorities should be provided with professionals andestablish the system of registration in online advertisements issue, practice the system inwhich the publisher, the operator and the owner of the advertisement are obliged to presenttheir real names, bring into the rule that compensation is after tort, further clarify the scope ofspecial products, strengthen the requirements on the responsibility of the publisher, theoperator and the owner of the advertisements. Finally, we should make self-regulations strictly in each trade, make clear the remedies for infringement, broaden channels forconsumer’s rights protection.