Research On The Legal Regulation Of Internet Pop-up Advertisement

Pop-up advertisement,a special form of Internet advertising,has unique mandatory pop-up characteristic,which brought enormous pro:fits to extensive merchants and online advertising subjects,as well as produced negative effects that prevent similar operators from operating proper-ly and interfere with the noramal browsing of Internet users.At present,the regulatory situation of Internet pop-up advertisement in China is not very clear,only one-click close criteria is specified.Moreover,pop-up advertisement has some problems,such as unclear regulatory principles,lack of specific regulatory noirms and imperfect supervision system.In judicial practice,there are also a series of unfair competition and infringement disputes.However,in some developed countries of European and American,such as America,Germany and France,the regulation of pop-up advertisement has been quite mature,not only specialized legislation was carried out,industry self-discipline was attached great importance.In addition,Germany and other European countries have made clear corresponding standards on determining the legality and illegality of pop-up advertisement in legislative and judicial practice.The regulation of their country's advanced experience has brought some enlightenment to us,including taking targeted legislative mode,recognizing legality and illegality,combining supervision with industry self-discipline and playing the role of third-party monitoring institutions.Accordingly,China should definitude four principles of pop-up advertisement legal regulation,namely improving targeted legislation and advocating the combination of industry norms,adhering to the combination of administration according to law and industry self-discipline,combining administrative supervision combined with third-party monitoring,and combining comprehensive supervision with social supervision.And definitude that "cognizance criteria for legality and illegality of pop-up advertisements ","pop-ups should not interfere with the normal browsing of web pages rulesf","pop-up advertisement quick and automatic exit norm"and"prohibit unfair competition of similar operators norm".Besides,China should also perfect the supervision system of Internet pop-up advertisement.First of all,we should improve the regulatory agencies and their functions and powers.Secondly,we should definitude the administrative jurisdiction and jurisdiction of pop-up advertisement,and definitude the pop-up advertising jurisdiction and enforcement right of the Ministry of industry and information technology from the legislation.Finally,we should improve the diversified supervision system.