Research On The Legal Regulation Of Commercial Defamation Under The Network Environment

The market competition is centered on honesty and credit,and the competition among operators ranges from price competition,quality competition to final goodwill competition.Goodwill is the accumulation of enterprises through long-term operation and honest competition,which represents the public’s cognition and evaluation of enterprises,and can bring competitive advantages and trading opportunities for enterprises.However,the fierce market competition makes the commercial defamation happen frequently and become a typical way of unfair competition.In recent years,with the popularity of the Internet,the business slander has been extended from the traditiona l to the network,and the ways of expression have also been diversified.The commercial defamation based on the network media,with higher concealment,deeper harm,lower infringement cost and considerable infringement revenue,poses a new challenge to the protection of goodwill and the maintenance of competition order.First of all,it is not appropriate to regard operators as the main body of business defamation after the amendment of the anti unfair competition law.It is still limited to the competition between operators,which is a misunderstanding of the legislative purpose.Secondly,one of the reasons for the endless disputes of online business defamation is that there are defects in the design of legal liability for this act.First,the amount of compensation for civil liability is unreasonable,the cost of infringement of online business defamation is low,the loss of goodwill of the infringee is often difficult to quantify,and there is a phenomenon of "ten compensation and nine deficiency" in practice.Second,the administrative supervision departments have overlapping responsibilities,the administrative penalty is single,and the administrative penalty is the most commonly used means.Third,the standard for criminal case filing and prosecution(2)stipulates that the use of the Internet or other media to publicly damage the goodwill of others is a serious circumstance of the crime of damaging business reputation and commodity reputation,and shall be filed for prosecution.But in the Internet era,the vast majority of commercial defamation is carried out through the network,which has become an indispensable way of information dissemination.According to this prosecution standard,once the actor uses the Internet to spread defamation information,it will be considered as a serious case,without considering the amount of damage and the specific consequences of damage,it is easy to cause the quantitative standard of the crime to be fuzzy,and the standard of entering the crime is not uniform.Finally,the e-commerce platform in the regulation of business defamation is inadequate.E-commerce platform serves as a bridge between the buyer and the seller.It does not perform the duty of review and attention to the information in the platform in place.It abuses the notice removal rule to avoid the responsibility.At the same time,it lacks the tracking mechanism for the credit evaluation system of the operators in the platform.In order to maintain the order and pattern of competition and promote the optimal allocation of market resources,it is necessary to regulate the defamation of Internet commerce.This paper provides suggestions from three aspects: the elements of online business defamation,legal liability and the dilemma of e-commerce platform.First,broaden the main scope of online business defamation,industry organizations,news media and even consumers may become a member of the business defamation.To judge whether an act constitutes commercial defamation,we should take whether the act damages the business reputation and competition order as the standard.The identity of the actor is not an important factor.Secondly,we should make clear the specific rules of goodwill damage compensation,introduce punitive compensation to fully compensate the goodwill loss of the slandered subject,and guide the fair competition order;strengthen the coordination and cooperation of administrative departments,in addition to administrative fines,we can apply various types of administrative penalties such as fines,suspension or revocation of licenses according to the seriousness of the circumstances;and make clear the entry of crimes of damaging business reputation and commodity reputation The conditions of crime should be standardized to explain the other se rious circumstances in the standard of case filing and prosecution(2).Third,it is necessary to clarify the review and attention obligations of e-commerce platform,delete and block defamatory information in time;improve the credit evaluation mechanism,implement dynamic tracking,and assess the credit rating of the stores in the platform,in addition to the comprehensive score and praise rate,the operation time,transaction quantity and transaction amount of the stores should also be taken as the reference factors for store evaluation.