Research On Legal Regulation Of Internet Advertising In China

The development of the Internet has brought a lot of convenience to our life,the rapid development of the Internet has led to the development of Internet advertising,making it a favorite of the advertising industry.Internet economy is "attention" economy.Internet advertising enriches the forms of advertising with its characteristics of accurate delivery,wide radiation,strong interaction and fragmentation.It changes the limitations of traditional advertising and attracts people's attention to advertising.Internet advertising is booming,at the same time,the trouble comes with it.False paid search ads infringe consumers' legitimate rights and interests,unsolicited pop-up ads and e-mail ads infringe on the free choice of netizens.Self-media closely related to people's lives.It has become a popular trend to use self-media platform to publish advertisements.Due to the lack of legal provisions,infringement of self-media advertising emerges in an endless stream.However,Internet has become an inevitable thing in our modern life,so we should improve the legal regulation of Internet advertising,the use of legal and social forces,use both soft law and hard law to solve all kinds of problems arising in the development of Internet advertising,guide the legal development of Internet advertising in the right way,and share the convenience brought by Internet advertising.The basic idea of this paper is: firstly,starting with the concept of Internet advertising definition,characteristics and type of division,the basic situation of Internet advertising is described;Secondly,it analyses the necessity of Internet advertising regulation,and solves the problem of why to regulate Internet advertising;Thirdly,it points out the existing problems in the process of regulating Internet advertising;Fourthly,it discusses US and EU regulatory way of Internet advertising,and to learn from their successful experiences;Fifth,put forward specific suggestions to improve the legal regulation of Internet advertising.In addition to the introduction,this paper is mainly composed of five parts,including:The first part,the overview of Internet advertising.Start with the relevant concepts of Internet advertising,define the concept of Internet advertising;And then on the premise of clarifying the definition of Internet advertisement,analyzes the characteristics of Internet advertisement by comparing it with traditional advertisement,and points out the advantages of Internet advertisement;Finally,explain the type of Internet advertising,on the one hand,classifies the Internet advertisements according to the carrier and distribution mode of the advertisements on the Internet,on the other hand,classifies the Internet advertisements according to the order of their appearance.The second part,the necessity of Internet advertising regulation.This part reveals the chaotic order of the Internet advertising market,the infringement of the legitimate rights and interests of Internet users caused by the proliferation of illegal Internet advertising,and the chaotic phenomenon that businesses use Internet advertising for unfair competition.All these indicate that there are many problems in the Internet advertising market,which must be regulated.Finally,from the need to promote the healthy development of Internet advertising,it further explains the necessity of Internet advertising regulation.The third part,the problems existing in the legal regulation of Internet advertisement in our country.According to the logic of regulation object,regulation method and relief measures,this part points out the main problems existing in the legal regulation of Internet advertising in China,such as the difficulty of identifying recessive advertising,the mixture of advertising information and non-advertising information,the immature self-regulation of Internet advertising industry,the imperfect legal system of regulating Internet advertising,and the imperfect relief system of Internet advertising.The fourth part is about the supervision and Enlightenment of Internet advertising abroad.This part introduces the relevant measures adopted by the US and the EU in the supervision of Internet advertising.Its enlightenment to us includes: to learn from the United States and the European Union to pay attention to industry self-discipline,to constantly improve the laws of Internet advertising regulation,and to make specific legislation on Internet advertising.In addition,we must learn from the United States to stipulate the duties and authorities of the advertising supervision department in detail,adopt corrective advertising system,and adopt multi-regulatory approach to change the current situation of the unclear duties of the advertising supervision department in China.The fifth part is about the suggestion of perfecting the legal regulation of Internet advertising.This part puts forward concrete suggestions on perfecting the legal regulation of Internet advertising in China.Including from the angle of hard law regulation,constantly improve the relevant legal system of regulating Internet advertising;From soft regulation point of view,we should pay attention to the role of soft regulation in Internet advertising regulation;But we should also pay attention to the supervision of Internet advertising by non-governmental forces such as social groups,third-party monitoring agencies;Focus on regulation and guidance for small and micro-sized Internet advertising enterprises.