Competition And Regulation Of Online Video Ad Blocking

In the past judicial practice in our country,most of the judicial organs used the "business ethics" and "honest and credit principle" in the general provisions of the "Anti-Unfair Competition Law" to identify unfair competition in online video advertising,and foreign judicial practice.In contrast,China is more focused on protecting the business model and vested interests of video website operators and stabilizing the existing new Internet market.In 2017,the new "Anti-Unfair Competition Law" was added.Article 12 "Internet Special Articles" increased consumer rights and interests as a damage object.Some judicial organs determined that online video advertising is blocked from the perspective of more respecting consumers' own wishes.Justification,there are still courts that determine the illegitimate nature of the act of obstruction in accordance with Article 12,paragraph 2,subparagraph 4.Based on the theoretical and practical disputes on the nature of advertising screening behavior,the article summarizes the online video advertising shielding behavior from the empirical point of view,types the relevant cases,and summarizes the disputes according to the judgment documents of relevant cases,from the competitive relationship and subjective The comparison of maliciousness,business model,honesty and credit principle with recognized business ethics and specific practical damages analyzes the legitimacy and illegal factors of judicial judicial organs,and concludes that the competition law has problems in the regulation of online video advertising shielding behavior.The legal nature is unclear,the administrative supervision system is not perfect,and the industry self-discipline level is low.The competition regulation system for advertising shielding behavior can be applied to the new anti-law article12,paragraph2,subparagraph 4,which defines the relationship of the original defendant with the meaning of the generalized competition relationship.When the defendant subjectively constitutes a malicious and causes specific actual damage to the plaintiff,It should be considered as improper behavior,and judgments on malicious and actual damage should also be regulated by relevant judicial interpretations.At the same time,from the administrative supervision and industry supervision,collaborative regulation of online video advertising shielding behavior.