The Research On The Legal Liability Of Celebrities As Spokesmen Of Advertisement

False advertisements are everywhere in present society, which not only do harm to consumers' legal rights, but also to the market management orders and the legal rights of other businessmen. Therefore, there is no time to delay to regulate the false advertisements, especially at such a moment that calls for honesty and credit. At present, the law of the false advertisement spokesman responsibility system has some flaws, causing some misbehavior of the stars as well as a serious of drawbacks. The author thinks that it's necessary for our country to establish the system of the false advertisement spokesman responsibility. This article elaborates on the above-mentioned problems in three parts.The first part lays analysis on the hazardous effects of false ads and the reasons of their deluge. The author believes that compared with some ordinary false ads, the false ads that represented by celebrities have more negative effects on society.Every star has his own supporters. These funs are likely to be the potential consumers of such false ads. At the same time, consumers will unconsciously associate the artistic image of their favorite stars with the commercial credit of certain products, which will easily leads consumers to trust the products more.The reason why we cannot stop the celebrities' false ads completely is our lack of relative laws in China. The" Advertisement Law" came into effect in 1995. At that time, China's advertisement media industry just started. The phenomenon where celebrities spoke for certain product was not so popular as today. Advertisements Law was also comparatively simple on such aspect, especially on the determination of the illegal advertising responsibilities, which only regulated three responsibility subjects, namely advertising clients, advertising operators and advertising rel(?)asers. It was not on the list whether ads spokesmen should undertake the corresponding legal responsibility, which turned out to be the excuse that celebrity spokesmen of false ads used to avoid the law.The lack of responsibility system brought about many disadvantages. False ads represented by famous stars not only misled consumers and damaged the legal rights of them, but also devastated normal market economy orders as well as the whole image of advertising. Unlawful factories tried to make use of stars' effects to make huge profits, destroying the principle of fair competition. Consumers' rights and interests were also invaded as much as lawful factories. Meanwhile, it furthered the ethos of celebrities as spokesmen of false ads, sweeping the whole advertising industry.Part II mainly talks about different academic points on legal liability of celebrities as spokesmen of ads. As the superstars standing for some product, should they undertake the legal liabilities for their advertising acts? Nowadays, the view of points can be divided into two parts, which are theory of being guilty and being innocent.The theory of being guilty elaborates on the matter from some aspects such as fair principle of civil law, faith principle of civil law and equality principle of civil law. While the theory of being innocent believes that commercial ads are a kind of invitation. The purchase of consumers after watching such ads happens with advertising clients, which leads to the contract relationship between consumers and managers. The celebrities are not the litigant in such relationship. Therefore, it can' be concluded that the celebrities will undertake the responsibility for quality problems of products.In the third part, the author gives his own opinion on whether the celebrities should undertake the responsibility of false ads. The practice of celebrities spokesmen actually is a sort of testimonial to the products by the celebrity himself, while the instructions of products are a kind of guarantee for the goods. Since such instructions can attract the customers and affect the conditions of dealing, they are regarded as an express warranty with contract binding force.If the products don't agree with the instructions or samples, the sellers should take up the liability for breach of contract, which varies from repairing, changing, refunding and returning. As a result, spokesmen should also be included in the liability subject range of product liability for tort, for he is involved in the express warranty for the product too.But the author here thinks that we shouldn't blame all the stars serving as spokesmen. The process of making ads is a complicated course as well as a result of joint act by many units, individuals and main bodies. Every subject has his own rights and obligations. As long as the subject gives a full play to his obligations, we shouldn't ask him to undertake the responsibilities. So it is with the spokesmen. It should be clarified that spokesman are advised to check the truthfulness of products, which is a bottom line of rules. By doing this, spokesmen are fulfilling their obligations. Thus, it is necessary to perfect the legislation to regulate the behavior of spokesmen.Finally as for the celebrities serving as spokesmen of false ads, the author gives some suggestions as follows: modifying Advertisements Law and define legal liability of ads spokesmen, promulgating a relevant judicial interpretation and defining responsibility composition of speaking for false ads and administrative regulations to bring the ads into administrative supervision.