Research On The Anti-Unfair Competition Law Of Internet Video Ad Blocking Behavior

In recent years,thanks to the rapid development of the Internet,video portals have grown rapidly,and the business model of "free video+advertising" has been more popular among mass users.With the increasing number of advertisements invested by video platforms,the technology of blocking broadcast came into being.Advertising blocking has hit the traditional business model,which has limited the means for video platforms to gain benefits by placing advertisements,and the resulting lawsuits have increased year by year.In 2017,Internet articles were added to the revision of the Anti-Unfair Competition Law.However,due to the uncertainty of the legislation itself,its role was limited,and judges showed differentiated characteristics in the trial of such cases in judicial practice.In order to further narrow the gap and solve the problem of advertising shielding unfair competition,it is urgent to regulate the related problems of video advertising shielding behavior by effective anti-unfair competition law in time.In order to ensure the correctness of the research conclusion,this paper tries to use a variety of different methods to carry out research and analysis,explore the content related to the regulation of Internet video advertisement interception behavior,and explain the concept,characteristics and classification of video advertisement shielding behavior from the case of video advertisement shielding;Secondly,it analyzes the current situation of China’s anti-unfair competition law regulating the blocking behavior of Internet video advertisements,and summarizes the main problems existing in China’s anti-unfair competition law regulating the blocking behavior of Internet video advertisements.Finally,combined with the above problems,some suggestions are put forward.In addition to the introduction and conclusion,the whole article is divided into four parts:The first part,the basic theory of Internet video advertising screening behavior.Blocking Internet video advertisements can be defined as an act aimed at blocking Internet video advertisements to improve user experience.Competitors intercept advertisements played by video platforms through servers such as browsers and routers,as well as technologies and related blocking software.This shielding behavior relies on strong professional technology and level,and its appearance destroys the original competition mode,causing conflicts of interests among investors,operators and consumers,greatly impacting the order of fair competition market,and the amount of damage is difficult to confirm.Moreover,compared with general infringement,video advertisements never infringe on the competition market once,but repeatedly,and the object of infringement is not single.Therefore,we can’t treat the blocking behavior of Internet video advertisements in isolation.We should comprehensively consider all parties,balance the interests of operators,consumers and social public interests,and take effective legal measures and standardized management to determine the legal responsibility of infringers,maintain the free market competition order,and ensure the fair and healthy development of the market competition order.The second part,the current situation of anti-unfair competition law regulation of Internet video advertising shielding behavior.At present,there is no clear provision in China that can directly identify Internet blocking as unfair competition.Therefore,when handling such cases,the court relies excessively on Articles 2 and 12 of the Anti-Unfair Competition Law,but the legislation has no exact provisions on it.Article2 is essentially a principled provision,which needs to be judged and applied by judges in individual cases,so there are still some limitations in its specific application.Search,analyze and summarize relevant judicial cases,There is a document translation in pdf.youdao.com.The courts in our country basically agree that this kind of cases belong to unfair competition.The thinking of identifying the screen-blocking behavior of Internet video advertisements as unfair competition behavior is: whether there is a competitive relationship,whether it violates business ethics,what kind of damage results it produces,etc.The third part,the existing problems of anti-unfair competition law regulation of Internet video advertising shielding behavior.Based on the analysis of a large number of representative cases,combined with the summary of the identification elements of Internet video advertisement shielding behavior in China’s Anti-Unfair Competition Law,this paper holds that there are mainly the following problems in the legal regulation of Internet video advertisement shielding behavior in China at present: "Internet-specific terms" can not completely cover Internet video advertisement shielding behavior,and "general terms" determine whether the behavior involved in the case conforms to business ethics difficulties.The main problems in the current legal regulation are the lack of comprehensive measurement of consumers’ diverse interests and the inadequate use of administrative supervision in the supervision of Internet platforms.The fourth part,the suggestions to improve the regulation of anti-unfair competition law on Internet video advertising shielding behavior.From the perspective of protecting consumers’ interests,this paper puts forward some supporting measures,such as perfecting the relevant provisions of "Internet Special Articles",promulgating relevant judicial interpretations,clarifying the measurement standard of "recognized business ethics",introducing "proportionality principle" to measure the interests of many parties,promoting political supervision,strengthening the self-discipline mechanism of the Internet industry and so on,and perfecting the competition law measures to regulate the blocking behavior of Internet video advertisements in China.