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Celebrity Endorsement of False Advertising Law Responsibility

Author: CheJunJia
Tutor: YinTaiShun
School: Yanbian University
Course: Civil and Commercial Law
Keywords: false advertising celebrity legal liability
CLC: D922.294
Type: Master's thesis
Year: 2013
Downloads: 22
Quote: 0
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Abstract


False advertising has been prevalent in today’s society, small to product packaging to scroll to broadcast television, every day full of enjoying every minute of false advertising. The dangers of false advertising is very large, it not only violates the legitimate rights and interests of consumers, also disrupted the normal order of market economy, affect our common People’s Daily life. Celebrity endorsement of false advertising has expanded the harmfulness of false advertising because celebrities has great social influence, the credibility of advertisers using celebrities, with the popularity of celebrity to raise public awareness of their products, in ordet to obtain high returns. Although celebrity speak false advertising harm is very big, but current law in our country’s legal responsibility of celebrity endorsement is not clear and specific provisions. So this paper mainly explores the celebrity should undertake the legal liability of false advertisement of the basis, for the perfection of the celebrity speak false advertising responsibility system in our country put forward their own views and opinions.This article through to the false advertising and celebrity endorsement of false advertising meaning, the analysis of the characteristics to the dangers of celebrity endorsement of false advertising is deduced. The hazards are:audience is widely, quantity many, loses much; Directly harm the celebrities own social public image, affects the normal development of the future career; Resulting in a decline in the credibility of the media, make whole advertising media industry downturn, is not conducive to the construction of spiritual civilization in out country; Disturb the normal market order, and because of false advertising is improper means of competition; Corrupt social conduct.Besides through the actual case of celebrity endorsement of false advertisement in our country and our country’s legislation present situation analysis to explain the celebrity endorsement of false advertising is the main reason for the flood are the following:1. The laws and regulations is not sound;2. Supervision for examination and approval system is not perfect;3. The interests of the standard, the market mechanism is not sound;4. Lack of integrity, moral quality is low.And foreign legislation in the face of legal liability provisions in advanced, so this paper also pose the legislation of other countries, mainly the United States, Japan, France, legislative provisions, for after the regulation for reference. Though in face legal liability in legislation in our country is still blank, but the theoretical circle has a more intense discussions, different views have different basis, in this paper, the theoretical circle in China at the present stage according to different views of celebrity spokesperson legal responsibility, basis for perfect face legal liability theory. Present theoretical differences mainly divided into the endorsement of a "responsibility" and "endorsement without responsibility", and the author supports the endorsement of a "have a duty to say", celebrity spokesperson shall bear legal responsibility, and will face into the scope of the main responsibility of the false advertisement is the inevitable trend of China’s legislation in the future. Spokesperson in advertising plays a very important role, for endorsement ads do recommend and guarantee, is also face its social influence and its own integrity affected the subjective consumer shopping options, anc endorsement of a celebrity spokesperson with high cost, there is a problem but does not assume any responsibility, it obviously does not conform to the legal principle of equality, fairness. And put forward the celebrity endorsement ads at the end the improvement of the legal responsibility regulation scheme. Legislation perfect, the related legal norms is the premise, the examination and approval system, gradually improve advertising, when necessary, special types of advertising for our special products division and management such as food, medicine, etc. Specific supervision also should set up advertising, publishing mechanism, strict examination and approval system is the guarantee, but is necessary for advertising supervision office. Advertising media should improve their credibility, and improve the rules and regulations, strictly regulate, lei false advertising have no warm the soil. Advertising industry association should actively play their part, strengthen self-discipline of the industry the main body, to build honest advertising. Endorsement oi a celebrity spokesperson in the face of advertising options should be cautious, improve theit own quality, to maintain their social credibility, honesty and trustworthiness, be a good social atmosphere model and example. And vulnerable groups consumers to actively improve their judgment, the celebrities should have a positive understanding don’t blind worship, play to their supervision and main body status, have the courage to take legal weapon to protect their legitimate rights and interests, cooperate with various departments to resist the false advertisement. And oul country should pay attention to the extensive publicity of the socialist core value system, let honesty and correct idea thorough popular feeling, create a harmonious and stable moral environment, law and morality.Visible for celebrity endorsement of false advertising law regulation on the one hand must strengthen legislation, on the other hand is to strictly enforce the law, but also in all aspects of improving the responsibility system, comprehensive coordination, only in this way can the celebrity false advertising release until its elimination is reduced to a certain degree.

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