New Commercial Defamation In The Internet Environment And Its Legal Regulation

With the continuous improvement and optimization and upgrading of Internet infrastructure,network information services are developing towards the direction of wide coverage,fast speed improvement and low cost of network use.The idea of network power has become the most directional,overall and strategic guiding ideology in the field of Internet development.In April 2018,general secretary xi jinping systematically elaborated the strategic thoughts of network power development,security and governance in the national conference on network security and information technology,and pointed out that "we must grasp the historical opportunity of information development" and "promote the construction of network power through independent innovation".In order to realize the network power,it is necessary to form a comprehensive governance pattern with multi-subject participation and multi-means.For fully affirmed the Internet development in China's economic take-off a boost and contributions at the same time,wake up,you also realize that,social networking platform,the Internet industry in the news market "two micro end" in areas such as fierce competition environment,with the new technology,new business models and new formats,grow a lot of new type of ACTS of unfair competition.Due to the lag of law,relevant emerging fields will lack of targeted legal regulation,which will result in some cases of unclear fact identification and improper application of law.This paper mainly through the research in the past two years the Internet industry in the news market,social platform,"two micro end" in areas such as the present situation of the development,by using the method of comparison,empirical analysis with real cases as the gripper,discuss new commercial defamation actions under the Internet environment determination and effective regulation,thus effectively curb commercial defamation actions.In my opinion,if we want to better understand and grasp the above two problems,we cannot leave the correct understanding of the legislative purpose of the newly revised anti-unfair competition law.First,we should have a correct understanding of competition.The market should be free,and the damage caused in the process of market competition is neutral.The damage itself cannot represent whether the behavior itself is illegal or improper.If there is a problem in the market competition,the market should first correct it,and the improper behavior cannot be expanded at will.Secondly,the revision of the competition law puts the protection of disrupting the market competition order in the first place.The new law protects competition above all else,not simply competitors.Because the criterion for judging a market competition behavior is to see whether your influence on the market mechanism is good or bad.It depends on what the ultimate goal of the competition behavior is to achieve and whether it disturbs the market order and market mechanism.For example,some behavior of competitors,operators have specific damage,but it is good for competition order,it is good for social progress,is good for consumers,and so on this problem can't simple use to judge whether the competition behavior as traditional concept,otherwise it will block the Internet industry in the direction of the healthy and stable development.