我国微博广告的法律规制研究
发布时间：2018-10-17 07:57
【摘要】：微博广告是web2.0技术下诞生的新的传播媒介——微博与传统广告结合的产物,具体来说,微博广告是指广告主通过微博平台,运用文字、图片、视频、链接等形式宣传自己的商品或服务的信息传播行为。微博广告在本质上与传统广告并无迥异,但是相对于传统广告,微博广告有着许多独特的优势,它依托微博平台进行裂变式传播,受众多,传播速度快且范围广,同时,微博广告改变了传统广告由点到面的单向传播模式,利用微博平台的关注机制和转发功能进行由面到面的互动式传播,具有高开放性和互动性,在大幅降低广告费用的同时提高了广告投放的针对性和精确性,因此深受广告主的喜爱。在高速发展的同时,微博广告不可避免的存在一些发展中的问题,特别是在法律规制方面。目前,我国广告主要由《广告法》和《中华人民共和国广告管理条例》进行规制,此外还有一些法规和地方性规章等,但是由于法律的僵化性和局限性,现有的法律体系并不能很好的对微博广告进行规制,还需要进一步的补充完善。除了立法滞后之外,微博广告还存在着广告主体的重合导致法律责任分配不明确、网络服务商定位不明、利用新的网络技术进行的不正当竞争行为、隐性广告行为以及不受法律监管的明星代言等法律问题,这些问题在传统广告中已经有所体现,我国法律也对其进行了规制,但是由于微博广告依托网络进行传播,具有一些新的技术特点,单纯依靠原有的法律体系对其进行规制和监管是远远不够的。目前我国关于微博广告的监管法律制度的研究还比较匮乏,立法和监管上都存在着不足,针对这种情况,我们可以借鉴吸收国外的相关经验,完善我国对微博广告的规制。首先,我们要通过对《广告法》的修改和完善,将微博广告纳入到广告法的调整范围内,明确界定微博广告主体及其法律责任,赋予自然人发布微博广告的权利,并将网络服务提供商纳入到微博广告主体的范围中来,同时要建立专门的监管机构,培养具有专门技术的监管人员,对利用超链接、关键字埋设等新技术进行的违法广告行为进行监管,也要进一步规范微博平台中的明星代言行为,明确明星利用其个人微博进行产品代言的范围和责任,建立起以登记为主的市场准入制度,此外还要重视行业自律和第三方检测机构在微博广告规制中的重要作用,建立起完善的微博广告监管体制。
[Abstract]:Weibo advertising is a new media born under web2.0 technology-the combination of Weibo and traditional advertising. To be specific, Weibo advertising refers to advertisers using text, pictures, and videos through Weibo platform. The act of propagating information about one's goods or services in the form of links. Weibo advertisement is not different from traditional advertisement in essence, but compared with traditional advertisement, Weibo advertisement has many unique advantages. It relies on the platform of Weibo to carry on fission communication, with a large audience, fast spread speed and wide range, at the same time, Weibo's advertising has changed the traditional one-way communication mode of advertising from point to face. It is highly open and interactive with the attention mechanism and forwarding function of Weibo platform. It greatly reduces the cost of advertising and improves the pertinence and accuracy of advertising, so it is loved by advertisers. At the same time of rapid development, Weibo advertising inevitably has some problems in the development, especially in the legal regulation. At present, advertising in China is mainly regulated by the Advertising Law and the Advertising regulations of the people's Republic of China. In addition, there are also some laws and regulations and local regulations, etc., but due to the rigidity and limitation of the law, The existing legal system is not very good to Weibo advertising regulation, but also needs to be further supplemented and improved. In addition to the lag of legislation, there is also the overlapping of advertising subjects in Weibo's advertisements, which leads to unclear distribution of legal responsibilities, unclear positioning of network service providers, and unfair competition using the new network technology. There are some legal problems such as hidden advertising behavior and star endorsements which are not regulated by law. These problems have been embodied in traditional advertisements, which have also been regulated by Chinese law. However, owing to Weibo's advertising relying on the network to spread, With some new technical features, it is far from enough to rely solely on the original legal system to regulate and supervise it. At present, the research on the supervision legal system of Weibo advertisement is still relatively scarce, and the legislation and supervision are deficient. In view of this situation, we can learn from the relevant experience of foreign countries and perfect our country's regulation of Weibo advertisement. First of all, through the revision and improvement of the Advertising Law, we will bring Weibo's advertisements into the scope of the Advertising Law, clearly define the subject of the Weibo advertisement and its legal responsibilities, and give the natural person the right to publish the advertising of Weibo. And bring Internet service providers into the scope of Weibo's advertising subjects. At the same time, we should set up special regulatory bodies, train supervisors with specialized technology, and use hyperlinks. The illegal advertising activities carried out by new technologies, such as keyword embedding, should be monitored, and star endorsements in Weibo's platform should be further standardized, and the scope and responsibility of stars using their personal Weibo for product endorsements should be clarified. In addition, we should pay attention to the important role of industry self-discipline and third-party inspection organizations in Weibo's advertising regulation, and establish a perfect advertising regulatory system of Weibo.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
本文编号：2276015
[Abstract]:Weibo advertising is a new media born under web2.0 technology-the combination of Weibo and traditional advertising. To be specific, Weibo advertising refers to advertisers using text, pictures, and videos through Weibo platform. The act of propagating information about one's goods or services in the form of links. Weibo advertisement is not different from traditional advertisement in essence, but compared with traditional advertisement, Weibo advertisement has many unique advantages. It relies on the platform of Weibo to carry on fission communication, with a large audience, fast spread speed and wide range, at the same time, Weibo's advertising has changed the traditional one-way communication mode of advertising from point to face. It is highly open and interactive with the attention mechanism and forwarding function of Weibo platform. It greatly reduces the cost of advertising and improves the pertinence and accuracy of advertising, so it is loved by advertisers. At the same time of rapid development, Weibo advertising inevitably has some problems in the development, especially in the legal regulation. At present, advertising in China is mainly regulated by the Advertising Law and the Advertising regulations of the people's Republic of China. In addition, there are also some laws and regulations and local regulations, etc., but due to the rigidity and limitation of the law, The existing legal system is not very good to Weibo advertising regulation, but also needs to be further supplemented and improved. In addition to the lag of legislation, there is also the overlapping of advertising subjects in Weibo's advertisements, which leads to unclear distribution of legal responsibilities, unclear positioning of network service providers, and unfair competition using the new network technology. There are some legal problems such as hidden advertising behavior and star endorsements which are not regulated by law. These problems have been embodied in traditional advertisements, which have also been regulated by Chinese law. However, owing to Weibo's advertising relying on the network to spread, With some new technical features, it is far from enough to rely solely on the original legal system to regulate and supervise it. At present, the research on the supervision legal system of Weibo advertisement is still relatively scarce, and the legislation and supervision are deficient. In view of this situation, we can learn from the relevant experience of foreign countries and perfect our country's regulation of Weibo advertisement. First of all, through the revision and improvement of the Advertising Law, we will bring Weibo's advertisements into the scope of the Advertising Law, clearly define the subject of the Weibo advertisement and its legal responsibilities, and give the natural person the right to publish the advertising of Weibo. And bring Internet service providers into the scope of Weibo's advertising subjects. At the same time, we should set up special regulatory bodies, train supervisors with specialized technology, and use hyperlinks. The illegal advertising activities carried out by new technologies, such as keyword embedding, should be monitored, and star endorsements in Weibo's platform should be further standardized, and the scope and responsibility of stars using their personal Weibo for product endorsements should be clarified. In addition, we should pay attention to the important role of industry self-discipline and third-party inspection organizations in Weibo's advertising regulation, and establish a perfect advertising regulatory system of Weibo.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
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