Recognition Of Video Advertisements Blocking Behavior's Legitimacy

The video advertisement blocking behavior is to use video advertisement blocking technology to screen advertisements placed by advertisers before or during video playing,thus achieving the effect that consumers do not need to watch advertisements to watch videos directly.However,in judicial practice,before and after the promulgation of the new”anti-unfair competition law",there is no clear judgment standard for the legitimacy of video advertisement blocking.the court can only invoke the second general clause of the”anti-unfair competition law”to regulate it.In response to disputes arising from the court's adjudication process,the author believes:first,the principle of”non-public interest and non-interference" should be abandoned and the basic position that internet operators can interfere in principle should be established.Undeniably,at the beginning of its establishment,the " principle of non-public interest and non-interference" provided ideas for the trial of video advertisement blocking cases,but the principle established the general state that internet operators " shall not interfere with each other in principle",which contradicts the aim of " anti-unfair competition law" to enliven the market atmosphere,encourage fair competition and maintain market order;Secondly,the " principle of non-public interest and non-interference" does not consider the subjective malice of the operator,which is contrary to the requirement of relevant normative documents that the operator has "malice".In the video advertisement blocking case,the video advertisement blocking technology is not aimed at a specific video operator.users can freely choose whether to turn on this function.it can be seen that the video advertisement blocking party does not have malicious intent to infringe on the interests of a video operator.Finally,the principle ignores the interests of consumers.Video advertisement blocking technology can give consumers the right to choose whether to watch advertisements based on their own choices.it is convenient for consumers to browse online space.at the same time,it is also beneficial to purify online space and enhance consumers' online experience.However,the principle of "non-public interest and non-interference" only emphasizes the interests of operators and ignores the interests of consumers,which is one-sided.Second,the business model of "advertisement+free video" should not be protected by law.After consulting the relevant regulatory documents in our country,there is no mention of the protection of the business model.Moreover,it is the general law of market competition that the market uses its advantages and disadvantages to promote the emergence of new things and the destruction of old things.Normal free competition will inevitably produce the result of survival of the fittest,although video advertisement blocking technology has impacted on the commercial mode of "advertisement+free video",it should not hinder the emergence and development of new technology on the grounds of protecting the existing commercial mode.Finally,starting from article 2 of the anti-unfair competition law,the author confirms the legitimacy of video advertisement shielding.The shielding of video advertisements is in line with the legislative purpose of the anti-unfair competition law,does not disturb the market order,does not violate the principle of honesty and credit and business ethics,does not constitute damage to the interests of business operators and consumers,and therefore has legitimacy.