| Self-media advertising is one of the fastest growing advertising forms in China’s commercial advertising industry in recent years.Self-media advertising has been favored by advertisers from all walks of life,regardless of size,due to its low production and communication costs and strong communication capabilities.However,as far as the legal profession is concerned,self-media advertising is still a new thing,and its understanding and research are insufficient.Regardless of whether it is in the process of legislation or law enforcement,the means for regulating self-media advertising are relatively lacking,resulting in repeated violations of various types of self-media advertising in practice.Based on this,this article takes self-media advertising as the research object,by revealing the current state of legal regulation of self-media advertising in China,analyzing the causes of loopholes,and trying to improve the legal regulation system of self-media advertising in China.It should be noted that the self-media advertisements studied in this article only include commercial advertisements published by users of self-media platforms through self-media platforms,and the publishers of self-media advertisements discussed in this article are also users of self-media platform products.In addition to the introduction and conclusion,the full text is divided into four parts:The first part: Investigation and definition of self-media advertising.When exploring the definition of self-media advertising,we first discussed the connotation of self-media and commercial advertising,in order to obtain an accurate understanding of self-media advertising on this basis.After that,the characteristics of self-media advertisements were studied,which is an important basis for distinguishing self-media advertisements from other advertisements or other civil speech.Again,this section focuses on sorting out various issues that have emerged in the development of self-media advertising,including the proliferation of false and scam advertisements,vulgar content and various types of infringement issues.The proliferation of these problems reflects the current situation of self-media advertising The urgency of effective regulation.The second chapter is a review of the current status of self-media advertising.This chapter first sorts out the provisions that can be used to regulate self-media advertising in China’s existing laws and regulations,including the Advertising Law,the Interim Measures for the Administration of Internet Advertising,the Electronic Commerce Law,and Consumer Protection Fee And some provisions of the Anti-Unfair Competition Act.Secondly,this chapter also sorts out the current status of the supervision of self-media advertising at the current stage,including the supervision department,means and jurisdiction issues.The third chapter is the dilemma of legal regulation of self-media advertising.Based on the analysis of the predicament of the legal regulation of self-media advertising at this stage,this article starts with the identification of self-media advertising.This part includes the lack of identification and identification rules for self-media advertising and the vagueness of the rules for distinguishing self-media advertising from non-commercial advertising information..Secondly,the existing regulations also have difficulties in identifying the identity of the media advertising subject and the identification of responsibilities.This problem of natural persons becoming an advertising subject lacks detailed rules,including the identification of advertising spokespersons and self-media network platforms.Thirdly,it is an analysis of the lack of self-regulatory review of self-media advertising,including the difficulty of setting up self-regulatory review agencies and the ambiguity of review scope.Finally,there are the problems of self-media advertising jurisdiction and evidence preservation.The problems of self-media advertisers’ freedom to publish and delete have brought about problems such as the difficulty in finding and preserving evidence in violation of laws and regulations in actual supervision.The fourth chapter is the path to improve the legal regulation of media advertising.The one-to-one correspondence between the regulatory dilemma analyzed in this chapter and the third chapter aims to propose improvement ideas for the dilemma in the third chapter.Specifically,it includes: clarifying the identification rules of self-media advertising,clarifying the admission rules and rights and obligations of self-media advertising subjects,adjusting the self-discipline review regulations and clear jurisdiction and evidence preservation systems of self-media advertising,and establishing a powerful and effective law enforcement system. |
