A Research On Application Of Laws In Respect Of Blocking Online Advertisement

The blocking of online advertisement has practical business value as it enhances internet user experience directly,and accordingly measures of blocking online advertisement has been improved rapidly.However,blocking of online advertisement leads to the conflicts of interests,namely,the conflicts between interests of provision and delivery of online advertisement and the interests of internet users.Furthermore,such conflicts of interests lead to debate,both in theory and practice,on the legal nature and regulation of blocking online advertisement.To date,dominate opinion evaluates blocking of online advertisement from the perspective of the Copyright Law and the Anti-Unfair Competition Law.In practice,Chinese courts commonly hold that software or measures undermine the business pattern,i.e.free content plus advertisement,which is a basis of the internet service industry,and therefore damages normal internet market and internet users' interest in long-term.That said,there are loops in the two aforementioned laws in terms of logics of application and social effects.That is why some scholars refer to the Tort Law to and suggest to evaluates and regulates the blocking of online advertisement based of general rules of the Tort law.In light of the above,the following points of view in respect of blocking online advertisement shall be taken in China: first,to determine whether blocking online advertisement is a behaviour of competition.Unlike previous practice which applies Article 2of the Anti-Unfair Competition Law in expansive manner,it shall be strictly in line with law when determining whether blocking online advertisement is a behaviour of unfair competition under the Anti-Unfair Competition Law.If such blocking constitutes a competition,it shall be within the domain of and regulated by the Anti-Unfair Competition Law.But if such blocking does not constitute a competition,it shall further determine if the said blocking is a civil tort as provided in the Tort Law.This is because the Anti-Unfair Competition Law,when concerning civil matters,follows the principles and rules of civil law.In other words,part of the Anti-Unfair Competition Law is based on civil law.Thus,when blocking online advertisement is not held as a behaviour of competition and cannot be regulated by the Anti-Unfair Competition Law,it might be possible to turn to civil law,especially the general rules of the Tort Law.Given that civil law is of private nature,resolution in relation toblocking online advertisement will be binding on parties in dispute only,and as a result,market will enjoy more freedom in development,rather than over-interference.This may be beneficial for market to grow properly.