“8·15电商大战”引发很多争论,其中一个就是企业家在个人微博上发布的言论是否构成广告和价格承诺。笔者认为,只要是以推销产品和服务为目的,直接或间接通过媒介进行宣传,其性质都应当属于广告,受《广告法》以及《反不正当竞争法》的约束。刘强东等企业负责人的行为已然构成了虚假宣传,应当受到法律的规制。另外,微博营销作为一种新型营销模式,现今仍然处在立法的空白中,如何有效地规制互联网时代种种新型营销手段,也是立法者需要好好思考的问题。 One of the many controversies over the 8.15 e-commerce battle is whether advertising by entrepreneurs on personal Weibo constitutes an advertisement or price promise. The author believes that as long as the promotion of products and services for the purpose, directly or indirectly through the media for publicity, its nature should belong to the advertising, “Advertising Law” and “Anti-Unfair Competition Law” constraints. Liu Qiang East and other business executives have constituted a false propaganda, should be subject to legal regulation. In addition, as a new marketing model, microblogging marketing is still in the blank of legislation. How to effectively regulate all kinds of new marketing methods in Internet era is also a question that legislators need to think carefully.