The Legal Problems Research Of New Media Drug Advertising Regulation

Drug advertising can guide patients to use drug rationally and safely. Meanwhile, drug advertising is an important means of market competition, so drug firms like it very much. Government regulation of drug advertising is stricter than the other commodities’ advertisings. China has established a legal and institutional system of drug advertising regulation to achieve the effective supervision.With the development of Internet and mobile Internet technology, new media has developed very rapidly. The proportion of new media drug advertising in drug advertising has increased each year. Under the current legal and regulatory regime, there are many legal issues of new media drug advertising supervision. This paper aims to study the legal issues of new media drug advertising supervision, so the paper is targeted, practical and forward-looking.The reasons of drug advertising supervision are the necessity and legitimacy of drug advertising regulation and regulatory significance. Drug advertising regulatory status and new media drug advertising introduction are for the discussing of the legal issues of new media drug advertising regulation.Under the existing legal regime of drug advertising regulation, new media drug advertising regulation is likely to face many legal problems. This thesis summarizes the main problems: the nature of the definition of the new media drug advertising, the problem of identification of new media advertising’s providers, privacy protection, hidden advertising and forced advertising issues, accountability difficult of law enforcement, the regulatory system is not perfect and so on.This thesis focuses on suggestions on improving the legal system of new media drug advertising regulation. In legislation, the paper discusses internet advertising and “spam” regulatory problems, suggests the law clearly regulate the responsibility of the providers, the nature of the new media drug advertising, and to define boundaries of privacy clearly。It is recommended to establish the real-name system of new media drug advertising providers and the filing system of the release people.In institutional construction, this paper suggests to improve the existing drug advertising regulatory models, and to strengthen the construction of public supervision system of new media drug advertising. In addition, the paper suggests the new media drug advertising industry to have the integrity and self-discipline. The paper also suggests playing the third party monitoring platform to effectively monitor the new media drug advertising.In law enforcement, we propose to enhance law enforcement and the power of new media drug advertising regulation. Besides to increase penalties and improve existing mechanisms of punishment, this article points out the establishment of a new drug advertising media monitoring system is very necessary. Finally, the paper proposed the establishment of a complaint mechanism to address the victim’s relief problems.In short, this paper is a preliminary study of legal issues on new media drug advertising regulatory, hopes to play a valuable role in the follow-up study.