Competition Law Regulation Of Free Riding Behavior In New Media

Free riding behavior can damage the normal market competition order,causing the entire society to fall into the misconception that using the labor achievements of others at very little cost can yield considerable benefits.This clearly has a fatal destructive effect on the healthy and orderly operation of the entire market.This article focuses on the study of free riding behavior in the field of new media.Due to the widespread use of new media,its fast dissemination speed,wide range,and strong interactivity,the negative impact of "free riding" behavior is greater.In addition to uploading their own content,new media users can also share and comment on other content,which means that users have more room to operate.The free riding behavior of new media can be manifested as hitchhiking by celebrities or well-known organizations,hitchhiking by hot events,and hitchhiking by well-known works.These three categories differ in their specific manifestations,harms,regulatory status,and existing problems.Therefore,this article conducts a detailed discussion on their classification and proposes specific improvement suggestions from the perspectives of improving legislation,strengthening the judiciary,optimizing law enforcement and strengthening co governance.This article focuses on analyzing the necessity of applying the Anti unfair competition Law from the standpoint of social standard,and does not deny that some free riding behaviors can also be applied to private laws such as the intellectual property law,but the application of private laws is mostly from the perspective of their own rights.From the perspective of competition,it is more appropriate to take the Anti unfair competition Law as the starting point.At present,if a large number of new media hitchhiking behaviors are regulated by private laws such as intellectual property law and civil law,there is often no suitable solution,and competition law as a public law can provide a new perspective.Therefore,this article elaborates on the necessity and feasibility of applying competition law regulations,highlighting the unique advantages of applying competition law regulations.However,the current Anti unfair competition Law of China has no special regulations on free riding.This article has made some assumptions on the construction of special laws and regulations,and proposed that corresponding supporting laws and regulations should be formulated,such as guidelines or judicial interpretation.In addition,the free riding behavior of new media does not necessarily constitute infringement,and excessive crackdown will greatly damage the free competition of the market.Therefore,it is necessary to clarify the boundaries for determining the infringement of free riding behavior,taking the consequences of damage as an important consideration factor,taking into account social and public interests,and achieving a maximum balance between stimulating market vitality and protecting the interests of free riders.