The Legal Regulation Of Using Online Media To Implement Commercial Defame Behaviors

With Network media its own advantages, in the dissemination of hot topic andpublic opinion guiding,it shows strong influence. However, due to the anonymity ofthe Internet and the national, it is difficult to control the source of information andcommunication, wanton criticisms and attacks become more easily, businessmenemployment public relations companies using network and good internet groups todisparage, bespatter competitor’s goodwill.The events emerge in an endless stream.Not only disturb the normal market order, strengthen the government administrationcost, but also cause the social communication disorders, put the unsuspecting users intheir own control.China has always attached great importance to and combated against commercialdefame. Because the legislative law is old, not mature enough,and the virtual networkspace is not involved. Although our related legislation departments have been awareof the importance of legislation to the network commercial defamation, andpromulgate a series of regulations. At the same time, public security, culture,theinformation industry and other departments strengthen the regulation of the Internetfrom their power angles, but the legal norms lacking system are far insufficient toregulate the increasingly rampant network acts of unfair competition.Therefore, combined with China’s Anti-Unfair Competition Theory, practice andthe valuable experience obtained in recent years on the network environmentmanagement, the author plans to study on the traditional commercial bespatter formand legal regulation,attempts to discuss commercial bespatter new form and its lawunder the environment of network. The full text is divided into five parts, as follows:The first part, give a brief summary of Erie Mengniu commercial defamationcase, and summed up the focus of controversy and the related legal problems whichleads to the interests of the chain and Internet marketer.The second part, mainly discusses the new form and particularity of the networkmedia commercial bespatter. It elaborates the concept of the network media, andintroduces its unique characteristics advantages to traditional media.The third part, mainly discusses the new forms of network media commercialbespatter. This part is focus on three kinds of circumstances. Firstly it introduces the enterprises using Internet public relations company, hiring the network Navy and usethe Internet fictitious facts to help the individuals, enterprises to realize their ownillegal interests; Secondly, the network service providers are not prudent and reprintmalicious; Finally Internet users and consumers publishe false statements forcommercial defame in the network space. The author intends to break through theexisting legal provisions, join the three kinds of behavior of unfair competitionprovisions aboved into commercial defame behavior.The fourth part, It analyses using the Internet media to make commercialbespatter from three angle: the body, damage and commercial bespatter behaviorIn fifth part, based on the words above, according to some omissions in thecurrent laws, the author proposes some personal recommendations...