Anti-Unfair Competition Regulation On Employing Paid Posters To Make Improper Evaluations Of The Films

In recent years,the Chinese film industry has been experiencing a variety of competitive chaos in the process of development.Among them,the film employers hired the “water army” to evaluate the improper film,accompanied by the rise of China's Internet economy model,traditional offline movies.The evaluation model has also been gradually replaced by the network evaluation model,and the “water army”team that improperly evaluates the film is also growing rapidly.The employment of“water army” on the improper evaluation of movies is mainly manifested in the employment of “water army” before and after the film release,praise for the malicious film of the competitors,the use of network technology to delete the evaluation information on the network that is unfavorable to the user or delete the pair The favorable evaluation information of the competitors and the employment of the “Water Army” amnesty to forward the comment information and top posts.The online film evaluation model has certain peculiarities.First of all,the participants have great complexity.There are not only movie films,but also network public relations companies and a large number of “water army” teams.Secondly,because of the virtual nature of the network,Leading to inappropriate evaluation behavior is hidden and anonymized.Improper evaluation behavior violates the principle of good faith management advocated by law and the recognized business ethics in the industry,which will cause chaos in the competition order of the market economy,and the legitimate rights and interests of other business entities and consumers in the market will not be guaranteed.The 2017 Anti-Unfair Competition Law was amended,and the change in false propaganda is one of the highlights of the revision.The new Article 8 of the Anti-Unfair Competition Law not only increases the operator's false or misleading commercial propaganda on “sales status,user evaluation,honors,etc.” but also constitutes false propaganda.Help-type false propaganda has also been identified as a requirement for unfair competition.It can be said that these two provisions provide a certain legal support for combating the employment of the “water army”.Tracing the source,hiring the “water army” is not related to the film's improperevaluation behavior and the film's pursuit of competitive interests.Just as the ancients said: “The world is bustling,all are profitable;”.However,the more important reason is that the current “Anti-Unfair Competition Law” has too narrow provisions on the subject of unfair competition,and fails to fully cover all subjects of new types of unfair competition under the changes of information technology conditions;There are certain defects;the ambiguity of the division of authority of administrative supervision units,resulting in low efficiency of supervision;unsound website scoring system and other factors have caused the film to be good or bad.In the face of the film market that needs to be managed,China needs to learn from the useful experience of the developed countries outside the country to regulate unfair competition in this field,and to analyze in depth the reasons for these countries to take corresponding measures,so that China can improve the regulation of employment based on the combination of national conditions.The water army's governance system for improper evaluation of the film creates a good competitive environment for the film industry and promotes the long-term healthy development of China's market economy.