Research On Civil Liability For False Advertisements

The false advertisement is the one whose content is false, or which makes the false propaganda leading easily to misunderstanding. If the celebrities are used to make deceptive or misleading advertisements to cause the consumer to make mistaken or unwise decisions, these acts constitute the celebrities false advertisement.The false advertisement behavior's civil liabilities are multiple, it could be breach of contract and tort, and it could also be the liabilities both for the contract negligence and infringement. To establish the multiple responsibilities for false advertisement is necessary. The celebrities'liabilities for false advertisements might be liability for tort, it could also be liability for contracting negligence, and the latter is the means of remedy. The general principle of negligence responsibility applies to celebrity's false advertisement, it means there needs to exist an apparent fault,including being purposefulness and serious negligence, i.e. damage responsibility judgment could render until the fact is proofed that the celebrity knows or should know there exists falseness before speaking for or participating in promotion of the product .Legal steps are the most straight and effective approach to control false advertisement practices. The amendment to The PRC Advertisement Law should clarify definition and identification standard for false advertisement, strengthen the control of and increase the seriousness of punishment of false advertisement, make clear natural person, especially celebrity, as a product recommender, should be the persons partly responsible for false advertising activities. Laws can not work for themselves. False advertising is deeply rooted in deviating from full faith and credit and unreasonable consumption resulting from apotheosis of celebrity. Therefore, it is necessary to strengthen independence of thought and culture cultivation, to promote people's morality, especially morality standard, to make media take social responsibility for public culture, to instruct people to consume reasonably, to foster good and healthy atmosphere for reasonable public voice.