| Native advertising refers to a new advertising model that integrates advertising information and non advertising information in content,blurs the advertising boundary in form,and realizes "de advertising".The essence is still advertising.In order to conceal the advertising signs,we evolved the semi hidden and abnormal native advertisements with full hidden advertising signs and disguised disclosure of advertising signs.Native advertising has the characteristics of native content,hidden form,audience circle and identity integration.The emergence of native advertising is accompanied by the upgrading of media technology and the transformation of advertising marketing environment.The prosperity is derived from the innovation and breakthrough of the communication form of native advertising to the traditional advertising model,as well as the economic rational drive of the native advertising model.However,there are differences between the regulatory presupposition of advertising law in the era of mass media and the generation and communication logic of native advertising.The identifiability of traditional advertising is subject to the native digestion.The subject of traditional advertising clearly coincides with the subject of native advertising,and there is a conflict.The interaction mode and subjectivity of advertising information are offset.This leads to the regulation dilemma of native advertising.The boundary of native advertising is fuzzy,the content is mixed,and it has the appearance of personal speech,which leads to the difficulty of identifying the legal attribute;Because the subject of the advertising compulsory logo system evades compliance and the administrative supervision is weak,the purpose of the system fails;The existing imputation mechanism of subject behavior is difficult to deal with the complex function of the original advertising subject,and the distribution of legal responsibility is unclear;The government led regulation mode exposes the lag of administrative supervision mode,which leads to the challenge of being unable to adjust the native advertising disorder in time.In view of this,we should clearly follow the value pursuit based on consumers’ rights and interests and promote the healthy development of the advertising industry.The legal attribute of native advertising should be identified by the standard of "substantive relevance";Formulate standards,refine the mandatory advertising labeling system,and strengthen the labeling obligations of advertisers;With the help of function orientation,divide the legal subject and clarify the imputation mechanism;Mobilize media platforms and consumers to carry out public-private collaborative governance in order to realize the effective regulation of native advertising. |
