Online commercial advertising services on the internet are unique and different from traditional forms of advertising. The internet environment with its cross-border nature, dynamism and constant technological development has highlighted new challenges in managing and regulating online advertising activities. Issues such as identifying participating entities, managing advertising content, protecting consumer rights, handling violations and applying sanctions all require specific legal regulations, suitable to the characteristics of the network environment. Research on this topic is of great significance in contributing to the completion of the legal system on online commercial advertising services on the internet in Vietnam.
1. Concept and characteristics of online commercial advertising services on the internet
First, the concept of online commercial advertising services on the internet.
In the book “Advertising and Commercial Promotion on the Internet” by author Tran Minh Dao, online commercial advertising services are described as “activities using the internet and digital technologies to convey advertising messages to consumers” This definition emphasizes the use of the internet and digital technologies to distribute advertising messages to potential customers.
Second, online commercial advertising services involve the participation of many individuals and organizations related to commercial activities.
In terms of participating subjects, similar to traditional commercial advertising services, online commercial advertising services involve the participation of subjects who are service providers and service users; in which, service providers will use a number of methods and means to convey to the public information about goods, services or product brands that service users request.
In addition, with its characteristics, online commercial advertising services also involve the participation of subjects related to information technology and electronic media such as network service providers. It can be seen that the internet environment is an important condition for implementing this form of advertising service.
Third, the purpose of the parties participating in online commercial advertising services.
In this third feature, it is necessary to pay attention to the purpose of the parties participating in this form of service. Of course, the fundamental thing of commercial advertising services is the nature of profit. Advertisers want to create transactions to buy and sell goods with internet users through QCTM activities. But with the favorable characteristics and creating higher efficiency of online commercial advertising, advertisers want more than that. They want their advertising to be as effective as possible, taking advantage of all the advantages of the internet. At that time, the effectiveness of online commercial advertising comes not only from the content of the advertising message but also from the way it reaches the public.
2. Classification of forms and means of online commercial advertising on the internet
3. Current status of legal regulations on online commercial advertising services on the internet in Vietnam
At the highest level, the 2012 Advertising Law plays a fundamental role in regulating advertising activities in general, including online commercial advertising services. This Law has set out basic principles, regulations on the rights and obligations of related parties, as well as prohibited acts in advertising activities.
In particular, the 2012 Advertising Law has specific regulations on advertising on the Internet, however, because it was issued a long time ago, it cannot cover all the issues arising in the current practice of online commercial advertising services.
In parallel with the Advertising Law, the 2005 Commercial Law also has important regulations related to online commercial advertising services
In addition, Decree 52/2013/ND-CP on e-commerce also has important provisions related to online commercial advertising services. This Decree regulates advertising activities on e-commerce websites, the responsibility of website owners in controlling advertising content. This is an important document in the context of online commercial advertising services increasingly being associated with e-commerce activities. Decree 72/2013/ND-CP regulating the management, provision and use of Internet services is also an important document in the legal system regulating online commercial advertising services.
In addition, a number of other legal documents also have regulations related to online commercial advertising services. For example, the 2018 Law on Cyber Security has regulations on protecting network security in online advertising activities. The 2010 Law on Consumer Protection also has regulations related to protecting consumers in advertising activities, including online advertising. Although there is a relatively complete system of legal documents to regulate online commercial advertising services, in reality, there are still many problems that have not been promptly adjusted.
Although there are many legal documents such as the Law on Advertising, the Law on Commerce, decrees and circulars guiding implementation, the current legal system still has many shortcomings and has not really met the needs of regulation for the field of online advertising services. Many key issues such as business conditions, rights and obligations of participating entities, advertising content management, handling of violations and application of sanctions have not been specifically regulated, suitable for the characteristics of the internet environment.
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_Nguyen Thu Phuong_