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The Analysis On The Civil Liability Of Celebrities Who Engaged In The Endorsement Of False Advertisement

Posted on:2011-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z R HeFull Text:PDF
GTID:2166360305965113Subject:Law
Abstract/Summary:PDF Full Text Request
Problems about celebrities advertising has become a hot media news in recent years. The phenomenon of celebrities involved in false advertising has caused more and more social harm that can not be underestimated or ignored. Only for pursuit of high interests, some of the celebrities take part in the commercial advertisement without any responsibility, thus consumers are deceived and their legitimate rights and interests are seriously violated.The absence of rules about the civil liability of celebrities who engaged in the endorsement of false advertisement in china present legal system,results in a lot of celebrities engaged in irresponsible endorsement of the false advertising, with out carrying any civil liability.. In china currently celebrities engaging in false advertising problems just stay in the stage to be denounced and condemned and this problem has not caused enough concern by legal circles. Thus the phenomenon of false advertising celebrity endorsements are becoming more common today, to take an in-depth study on civil liability of celebrities engaging in false advertising is becoming more and more valuable and practical significant.In this paper, two similar cases are introduced to the readers.the first case CCTV exposure the endorsement by the famous comedian Guo Degang for "Zang mi paiyou Tea" which is explored by CCTV. The second case is about Liu Xiang,a famous sport star who endorses for Cadillac car,of which causes a car accident to the consumers. The two cases are very hot topic in China now and then more and more people notice the lack of civil liability of celebrities who engaged in the endorsement of false advertisement.Although consumers have been deceived due to the celebrity or star effects, and in judicial practice there has appeared the phenomenon of endorsers be sued by the consumers, there is a huge controversy about who is legally responsible in our jurisprudence. Looking at China's current laws, the state has just passed the "Food Safety Law" in which false advertising spokesman for some of the food has a certain responsibility to the provisions, but there is no requirement in other areas of civil liability for false advertising spokesman,So the specific legal provisions can be said to a gray area in this country's legal regulations, but this can not be obstacles.For false advertising to be pursued civil liability The general provisions of tort law and civil liability is usually legal could be taken to constrict the celebrities who engaged in the endorsement of false advertisement.From the case of false endorsement ads study and qualitative, This author tries to fully exploit the existing legal resources, regulations, legislation and practical experience abroad to find voice feasibility of false endorsement responsible way and to strengthen relevant legislation in the hope of improvement the civil liability system, thus to regulate the advertising market in China, and promote the healthy development of China's market economy.
Keywords/Search Tags:false advertising, celebrities, civil liability
PDF Full Text Request
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