Research On The Responsibility Of Celebrity Advertising

The soar of economy progressively promotes the development of advertising industry. It shares weal and woe with the development of economy from the birth day of the first advertisement. The celebrities began to take part in the advertising activities for the extending advertising need, and it is so common nowadays. Because of high popularity, more chances exposed to the public, and the social public appeal that nobody could equal, the stars began to appear in the horizon of sellers for selling more products. It is said to be that"kill two birds with one stone"for the stars to speech in the advertisements. On one hand, it enhances stars'social reputation; on the other hand, it gains much more money for them. Naturally, such advertising form is popular with the sellers and stars. Along with the diversification of advertising form, the activities of the stars participating in the advertisement become in flood day by day. The celebrity-advertising become the seller's most effective weapon competing in the products price and attracting public eyes. However, such advertising activities bring so many social and legal problems. These problems perplex the public seriously. The social negative effect aroused by the celebrity advertising activities appears with time passing. More and more cases shock the people and continuously stimulate the nerve of consumers, and the consumers'legal right is violated by the illegal behavior continuously. But our current laws cannot take this into norm. The stars can't undertake their legal responsibilities while they enjoy legal right to take part in the advertisement activities, and this has caused the disaffection of social public. This kind of legal predicament which how to safeguard the consumers'legal right under the existing legal system has been the rigorous test to our current society. This article aiming at the current social phenomena---inundant star advertisements, though the discussing about the legal responsibility allocation of celebrities and making reference to the current foreign related law system and other non-law measures, puts forward the suggestions to our country about the rules and regulations on the celebrity advertising behaviors, and whereby to guarantee the healthy development of our country's advertisement industry.There are four chapters in the article.In the chapter one, the article mainly describes the social phenomenon of celebrity advertising activities, and introduces the current condition briefly from the legal angle of view, and a series of related problems aroused by this kind of activities. As one of much more widely adopted advertising forms at present, the celebrity advertising form has already creates huge economic benefits. However, in the back of the benefits the consumers'legal right is violated continuously. Because norm loopholes still exists in our country's current legal system, such behaviors couldn't get availably stipulated effectively in time, and the tort feasors don't start to undertake the homologous legal responsibility. In regard of this kind of social problem, the first chapter represents the current states of celebrity advertising activities, and illustrates with several examples to show the disorder of advertisement market. Also, it will explain the social harm this kinds advertisement form brings though the analysis of present condition of the celebrity advertising activities. Because the model effect of celebrity misleads the numerous consumers to purchase the recommendation products, the consumers'legal right would be violated by the stars when the celebrity advertisements are identified as the deceitful ones, and this brings serious legal problems. It has been the most urgent problem caused by the misleading behaviors to be solved that how to guarantee the legal rights of so many consumers in the present legal system.In the chapter two, the article mainly discusses the legal status of celebrities in the advertising activities, and what kind of legal responsibility would be undertaken while the legal dispute appears, and the legal theory basis of this kind of legal responsibility. The article comments on the personal joint responsibility in the public recommendation behavior while the behavior is firmly believed as the deceitful advertisement which is stipulated in newly enforced Food Safe Law. Our country's current laws have no definite regulations on the legal status and responsibility of celebrities in the advertisement activities. Although the article 55 of Food Safe Law stipulates the responsibility of celebrities by the first time, it is not appropriate. There is argument about whether the celebrities should undertake the legal responsibility in the advertisement activities, and the article will make commentary on it by detailed theory and fulfillment grounds of argument. The aimlessness of celebrities when they take part in the advertisement activities leads to that the public rights are arbitrarily violated. The advertising behaviors of the celebrities are not only regulated by the moral codes, but also it requires a related organization of our country urgently to draw up laws or take into norm through administration laws. Star's deceitful advertisement behavior substantially is a kind of proof behavior. Though this not stipulated in our country's current law system, it is already regulated in the foreign statutes and related laws.In the chapter three, the article is to find the loophole of our current legal system by analyzing the foreign legal regulations on the celebrity advertisement and other non-legal measures. The third part contains two aspects: the first aspect is about the foreign regulations on the issue and the second aspect is about the loophole of our country's legal system. Because the modern economy of developed countries developed a bit earlier, so the rules about advertisement in such nations are relatively perfect. It is very worth drawing lessons from developed nations. Britain, as one of the earliest nations in the word that enforced advertisement laws, has a series of comprehensive and effective rules about celebrity advertisement. It provides explicit legal guide line for the advertisement participants and other public people. The celebrities exercise legal rights and implement obligations, while the consumers are protected under such legal system. Our country's advertises law system construction could make reference to British perfect legal system. The reasonable constitution of professional association in Britain is much advanced than that in China. USA protects the consumers'rights from violation through the strict rechecking of the celebrity advertisements broadcasted and providing legal weapons for penalizing the stars to undertake legal responsibilities in the advertising activities. The effective rules of Britain and USA give an example to our country on how to regulate the behaviors of celebrities.In the chapter four, the article mainly makes a discussion about the suggestions to our country's regulations on the present celebrity advertising behaviors. The fourth part has five aspects to make suggestions. In the first place, the related departments of government have to make explicit legal responsibilities by perfecting legislations. The inexplicitness of celebrity's legal status and responsibility is the main cause of disorder of advertisement market in the country and also the"arch criminal"that makes consumers'rights cannot get legal guarantee. Secondly, establish and perfect punitive compensation system in advertisement field to regulate the celebrities and compensate the consumers. The suggestion put forward mainly aims at that the common penalty sanctions cannot control the present condition of the celebrity advertising behavior. Thirdly, we also shouldn't neglect the function of moral codes construction. It is urgent to strengthen our country's celebrity occupation morals construction regulating the stars to behave in a lawful way. Moreover, perfect our country's construction of advertisement professional association system to keep the celebrity advertisements within bounds by inner supervision. In the last part, strengthen the education of law consciousness of celebrities and the right consciousness of consumers from several aspects. To regulate the celebrity advertisement needs more kinds of measures.