植入广告表达自由的法律限度.pdfVIP

的产生从它的出现发展到完善都需经历一个曲折的过程，那么我们应从法律法规的制定 和行业监督各方面对其进行约束和有限度的保护。使植入广告良性发展，使之发挥最大 化的经济社会价值同时应规避它的弊端所带来的不利影响。 关键词：植入广告；表达自由；法律；商业言论；监管 1 Abstract It is the critical principle, to determine if the citizen of one national are entitled the right of expression and if democracy underlay the country, that if the citizen of one country could expresswithout hurdle. Freedomof expression is underprotection of constitution of countries, whichcouldtracefromthedebatetraditionearlyB.C.tothefreedomofexpression. With the development of globalization and market-oriented economy, the business expression are gradually differed from political expression by scholars. Artificially, it becomes inconsistent with the nature of journalism, such as improving democracy and satisfying the right of expression. Pursuing interest, considered as the nature of business expression, could track from the origin of this expression, which is one path of companies to explore revenue, and are no relation with the individuals’ personality and development. It means that it is excluded from the protection of freedom of expression. Furthermore, protection freedom of expression aims at ensuring the communication of the citizens, which is indispensable in autonomy. Only involving directly or indirectly massive voting and improving democracy and autonomy, the protection under constitution would cover the expression. The expression, related to business interests, falls out the scope of the protection. After experiencing from falling out of the scope of protection to enjoying conditional protection, which is distinguish from political expression, and the long-term debate and argument, business expression become acknowledged and important due to its social and economicvalue. PA, one kind of business expression, is created by the massive expansion of advertisement industry, and become the popular