From The Case Between Tencent And360to Analysis The Legal Regulation Of Commercial Defamation Under Network Environment

commercial discrediting is that people slander competitors to obtaincompetitive advantage, it destroy the competiters’ goodwill, infringe theconsumers’ right to know the facts, and break the competition order of thesociety. Under the internet environment, the hazardous is bigger.However, the commercial slander in China’ s “Anti-Unfair CompetitionLaw” has obviously lagged behind. So, perfecting the law system is ofgrate importance.This article is starting from "Tencent-360" case, and point out thefocus of the case:1. whether there was a competitive relationshipbetween Tencent and360;2. whether360has fabricated or spread Thefalse facts;3.How much360should compensate to Tencent for theeconomic losses. After the trial, The court ruled that360was lost andshould compensate5million Yuan to Tencent. Meanwhile this case wasalso discussed by legal experts about the legal regulation of thecommercial defamation under the internet environment. Because the current law regulating commercial defamation lags far behind socialdevelopment, the defamation actions of360was not punished timely. Inorder to establish a fair market competition environment, the legislativebranch should accelerate the progress of enacting related law; the lawenforcement branches should strengthen coordination and cooperation toimprove the efficiency of law enforcement; Besides, it is also necessaryto increase the compensation of the commercial defamation under thenetwork environment,with the propose of protecting the legitimate rightsand interests and stoping commercial slander.