Research On Legal Regulation Of Internet Advertisement Blocking Behavior

With the rapid development of The Internet economy,a variety of competitive behaviors related to the Internet appear,among which the Internet advertising filtering behavior is a typical one.On the one hand,the emergence of filtering advertising function enables consumers to avoid the disturbance of advertising when browsing the Internet and improve the online experience.On the other hand,it causes a serious blow to the interests of advertising operators.There are more and more lawsuits related to the Internet advertising shielding behavior.At present,it is generally considered that this behavior belongs to unfair competition behavior in the judicial practice of Our country,but there is a great dispute on the identification of the nature of advertising shielding behavior in the academic circle.In the judicial practice of China,most courts regard the nature of Internet advertising shielding as unfair competition,but a few courts hold the opposite view.Through sorting out relevant cases,it can be found that the two views differ mainly on whether the business model is worthy of legal protection,the impact of shielding behavior on consumer interests,and whether technology neutrality can be used as a defense.This kind of behavior has the characteristics of strong professional,behavior subjects mostly belong to different industries and fields.Before the amendment of The Anti-Unfair Competition Law of the People's Republic of China(hereinafter referred to as the Anti-Law),the courts mainly relied on the "general provisions" to determine the nature of the act,but there were some problems such as unclear applicable conditions of the "general provisions" and vague definitions of business ethics and the principle of good faith.After the revision of the Anti-law,the "Internet Special Article" was added,but the regulation on specific behaviors in the article did not include the Internet advertising blocking behavior.Up to now,there is still a lack of specific legal basis for the identification of the nature of Internet advertising shielding behavior in China.In addition,in judicial practice,when judges hear relevant cases,there are some problems,such as vague definition standards of business ethics,ignoring consideration of consumer interests,and insufficient recognition of subjective attitude of behavior.Based on the analysis of the above problems,the paper recognizes that the Internet advertising shielding behavior belongs to unfair competition behavior,combined with the deficiencies in the current legal provisions and judicial practice,and puts forward legislative suggestions and judicial practice optimization.