比较法视野下的互联网广告屏蔽问题研究

The Study on Internet Ad Blocking Issue from the Perspective of Comparative Law

2015年9月苹果公司开放Safari浏览器广告屏蔽的权限,意味着广告屏蔽工具在移动端的进军加速,数字媒体行业对此反应剧烈,广告屏蔽再次成为舆论风暴中心。德国和美国法院对广告屏蔽不加禁止,但从德国最新判决来看,其对广告屏蔽行为的一味认可之势有所松动。近年来我国已有多起司法判决对广告屏蔽行为的违法性进行明确认定。2016年7月国家工商总局公布《互联网广告管理暂行办法》,其对广告屏蔽行为明令禁止,在司法、立法层面上我国做出了与欧美国家不同的选择。本文通过介绍广告屏蔽工具的市场发展及其引发的系列后果,在对比国内外法院对广告屏蔽问题的不同司法认定基础上,试图探其缘由,以期从比较法视角为研究广告屏蔽问题提供一些思路。

In September 2015,Apple Inc. unlocked the function of advertising blocking on Safari,which means advertising blocking tools are beginning to accelerately march up to mobile terminals,and which have caused an uproar in the area of digital media industry and have become the center of public opinion. Germany and the United States courts did not prohibit advertising blocking until then,however,Germany Court’s latest decisions shows that they are gradually shifting from such blind approval on the issue of advertising blocking. In addition,many domestic judgements have confirmed the illegality of advertising blocking in recent years. In July this year,the State Administration of Industry and Commerce has published the Act of Interim Measure for the Administration of Online Advertising,which prohibited advertising blocking—we have made a different choice from the European and American countries on the judicial and legislative perspective. This paper attempts to explore the causes of advertising blocking and provide some ideas for further study on the issue of advertising blocking by comparing the market development of the blocking tools and their consequences,comparing the domestic and foreign courts’ opinion on the issue of advertising blocking from the perspective of comparative law.