违反竞争法的网络广告之法律责任

Regulations of the competition Act against deceptive Internet Advertisings and Misleading ones

在传统广告中,广告主、广告经营者和广告发布者各自的定位和职责是清楚明晰的。而在网络广告中,广告主、广告经营者、广告发布者这三者的界限日益模糊。加之,新的角色——网络服务商等的介入,而使我们无法用现行法律概念来理解,从而产生法律责任追究认知上的困难。本文就此结合相关国外法律规定,阐述了网络服务提供者等的法律责任。

With the development of Internet economics,Internet advertising is becoming a preferential method of making representations for their commodities or services by traders.The Internet advertising is the new member in the field of advertisement,there are many problems in the development of Internet advertising,with which the present law,such as the advertising act,the competition act,can't cope.There is no clear standard on the obligations of the parties from the light of the Internet technology,such as ISP,WebPages designer,From the point of the law and technology,how to cope with the above questions? The author holds that there is not only perfecting present acts,but also making new regulations about technology,establishing the system of supervisory to the Internet advertising,initiating the advertisers and the other's self- restraint,regulating responsibilities of different main bodies.