Research On The Determination Of Legitimacy Of Internet Video Advertising Filtering Behavior

In the 21 st,the Internet industry is booming,while the Internet field brings development opportunities,its legal problems have emerged endlessly.One of its manifestations is the new type of unfair competition behavior in the Internet field,and the filtering behavior of online video ads is exactly what it should be.An important category of this new type of unfair competition.Since there is no special clause to regulate this behavior,in practice,the court often refers to the principle of Article 2 of the Anti-Unfair Competition Law to determine whether the behavior is justified.In order to comply with the development of the times,the newly revised "Anti-Unfair Competition Law" has added "Internet special rules",but its provisions on this kind of filtering behavior are still not clear.In practice,it is still necessary to combine the provisions of Article 2 with respect to this behavior.Justification is judged.In practice,the court’s invoking of principled clauses differs in the logical approach and determination criteria for the justification of the act,which has caused a lot of controversy.To sum up,this article intends to combine the typical cases in practice,based on the basic values of the Anti-Unfair Competition Law,to explore the justification of this behavior.This article is divided into four parts,except the introduction and conclusion:The first part mainly explains the concept of online video advertising filtering behavior and its justification and definition,and introduces a typical case of online video advertising filtering disputes in practice-the case of Tencent and World Xinghui Company,explaining the beginning and end of the case.Combined with the judgment of the court of second instance,it sorted out its deduction logic about the justification of the filtering action of online video ads,and then analyzed the reasons for the differences in the judgments of the court of second instance.The second part analyzes the existing cases related to the filtering behavior of online video advertisements,analyzes the laws and regulations cited,the refereeing path,and the results of the adjudication,and further summarizes the current general adjudication rules for such cases in judicial practice.The last section of this part will analyze the "Internet Articles" of the newly revised "Anti-Unfair Competition Law",mainly to explain its limitations on the justification of such cases and the scope of application of the principle clauses.The third part focuses on the analysis of the existing problems in the current stage of online video advertising filtering behavior.The former mainly reflects the inconsistency of the court’s determination standards and the infringement judgment mode;the latter mainly reflects the existing Excessive protection of business models,unclear consideration of the interests of all parties,and insufficient inspection of the principle of technology neutrality.The fourth part mainly explains the advancing path of the justification of online video advertising filtering based on the problems raised in the third part.On the one hand,it clarifies the requirements of the justification under the Anti-Unfair Competition Law.The key elements to be considered include the importance of judging the behavior itself,avoiding excessive protection of existing business models,and attaching importance to the principle of technology neutrality.