| The pop-up advertisement is a double-edged sword, for which have numerousnegative effects company with the convenience it brings to net users. Due to thedeficiency of relative legal norms, some pop-up advertisement subjects would issuebad advertisements causing many detrimental consequences, which mainly includesinfringing the self-selection, the information security right of the consumers orbreaking the fair competition consequence of online advertising market. Theseproblems will not only trouble the net users, but also challenge the sounddevelopment of online advertising business. Even though the Advertising Law, Lawon Protection the Right and Interest of Consumer, Anti-unfair Competition Law andsome government regulations can define and restrict some of the above infringementacts and unfair competitions, the hysteresis quality of law is becoming increasinglyvisible. This leads to the limitation of the restrictive power of the pre-mentioned laws.In2013, the Article14in the newly revised Law on Protection the Right and Interestof Consumer reads:“when purchasing, using products and receiving services, theconsumers have the right of personal dignity and the right to be respected on nationalcustoms and the right of protection of personal information, such as, the right of name,image and privacy.”This rule contributes a lot in protecting the consumers’information security. However, if the protection body is online consumers, this rule istoo principled while the operability is not good. Therefore there are still deficienciesin Protection Law on Consumer’s Interest, so do the Advertising Law and theAnti-unfair Competition Law. In addition, there are no specific laws and regulationsto restrict the online advertisement. Therefore, the amending of the Advertising Law,Law on Protection the Right and Interest of Consumer, Anti-unfair Competition Lawhas been the general trend of Chinese law.Based on the above-mentioned problems, the article sets the logic trend up threeaspects of pop-up advertisement as following: finding the existing problem, analyzingthe seriousness of the problem, finding the solutions to the problem. Methodologieslike interdisciplinary research, comparative study and data analysis are been used inanalyzing the Legal Regulations of pop-up advertisement. Firstly, from the dialecticalanalyzing of its concept, basic characteristics and current situation of legislation, the preliminary discussion on pop-up advertisement is done,; secondly, based on theanalysis and comparison of the practical experience and relative regulation ofdeveloped countries, the value of pop-up advertisement is considered, the advantagesand disadvantages are also explained. And then the seriousness of the existingproblems is analyzed and the necessity of restriction of pop-up advertisement isstressed. At last, the legal regulations that according with the national situation ofChina is put forward.This article includes three chapters besides the introduction and conclusion.Part Ⅰ：The general theory of Pop-up advertisement legal regulation. Firstly, itintroduces the basic connotation of pop-up advertisement. Nowadays, the theoristsneither have a systematic studying on Pop-up advertisement, nor form a uniformdefinition about it. Therefore, this article identifies the difference betweenadvertisement and web advertisement by combining the conception of advertisementand web advertisement. According to the mandatory feature of pop-up advertisement,then proposes the special conception of pop-up advertisement. Secondly, it stressesthe trouble brought by the pop-up advertisement and indicates that the pop-upadvertisement violates the rights of consumers to choose as well as security rights ofinformation. It also destroys the competition order of the web advertisement market.Finally, the article stresses it is necessary to regulation the pop-up advertisement.Part Ⅱ: The present situation of pop-up advertisement legal regulation in China.As we all know, China has not formulated special legislation against pop-upadvertisement yet, it fuels the arrogance of those advertisers releasing illegaladvertising. In this case, law enforcement agencies face numerous difficulties becauseit is short of the clear guidelines of legal norms. Because of a lot of differencesbetween published ways and spatial scales, the traditional divide cannot be met thework of law enforcement. And this case has caused a serious of problems, such as, itis hard to determine which one is the subject; it is hard to solve the jurisdictionaldisputes; it is not easy to rescue the electronic evidence.Part Ⅲ: The suggestions of pop-up advertisement legal regulation in China.Firstly, in terms of revising Advertising Law, we should add the provision of webadvertising and confine the responsibility of it, in this way, confining the main part ofpop-up advertisement will be carried by law; In aspects of Anti-unfair Competition Law, increasing new unfair competitions; On the Law of Protection the Right andInterest of Consumer front,it is necessary to strengthen the system of informationsecurity rights and intellectual choosing rights. It is very helpful for law enforcementto manage the web advertisement market. Secondly, provide the ways to protect theelectronic evidences, we cannot be unclear to know how to protect it any longer. Byproposing some actual advice, we can ease the collision of jurisdiction. Finally, it isnecessary to perfect the measure of law enforcement and the regulatory mechanism.On the other hands, we should increase the level of the technical regulatory andcomplete the system of admittance. |
PDF Full Text Request