Analysis Of The Tort Liability Of The Product Spokesperson

Beginning of this century, the United States Thompson advertising agency (Thompson) took the lead in Lux soap star print ads show photos, followed by other commodities have also used celebrity spokesperson.For example, African American track and field star Owens in the 1936 Berlin Olympics wearing shoes in Germany Aididasi card; Brazilian football Pele brand in Japan, Sony's Beta videotape plays on print advertising; famous French actor Alain·Delong wear sunglasses in the ad; British rock star Sting swig of Japanese Kirin beer sky; American basketball star Michael Jordan wearing a Nike sports shoes to play and so on. United States, "Business Week" had an article on the estimates of television advertising in 1976, the United States contain 33% of the film celebrities.China's advertising industry from the artist Li Moran first introduced in the TV ads San Jiu Wei Tai, many sports stars have also film debut. Turn on the TV, read newspapers, advertisements, especially the use of celebrity spokespersons Examples abound, such as Procter & Gamble cosmetics, Lin Chi-ling, Samsung's Jang Dong Gun, mobile communications, Jay Chou, Jackie Chan King shampoo.Spokesperson for its products, its public image well, with its influence in the public, with more modern means of publicity seeking body, significantly improved product visibility and identity, thus expanding sales volume, to the lucrative business. Products can be said to advocate a market economy under the conditions of essential marketing tool. Product spokesperson in the promotion of market prosperity, but also brought many negative effects, the culprit is the false propaganda. Spokesmen as an important component of advocacy, often because the endorsement of the product infringement trouble, and even once called upon to assume legal responsibility.Countries speak the location and regulation of advertising are not the same. In the U. S., advertising is seen as celebrity endorsement, "the testimony of advertising" and "express warranty", if found false, they would face heavy penalties, the star is on the endorsement ads holds a very cautious attitude, behavior more common in the public endorsement of consumer goods and services products (such as cosmetics or bank credit card services, etc.) the ad, while the beauty products, health products and drugs class advertising campaign is mostly kept at a distance. In Japan, on the celebrity endorsement has two well-known case of false advertising, the "wilderness of cases" and "piano style cases. " In both cases, the Court determined on the ad appeared in the Japanese civil liability issues are handled. That is certainly an ad appeared in the victim who held the right to appeal to civil liability; if advertising as an opportunity for the transactions to consumers in more serious damage, and starred in the role which has helped, it is entirely possible under civil law who starred in terms of civil liability to be held;. While those who have appeared in advertising behavior, but which is just as dissemination of corporate information props, no or can not play a dominant, dominant role of the individual, denying their civil liability, as the advertising spokesman for extras and the general image of a reasonable space left in the campaign.Because of the lag in the advertising legislation, the face of numerous and complex, with varying levels of endorsement advertising, spokesperson for the product and under what conditions need to take responsibility, take responsibility for what, in addition to the case law expressly provides (such as "Food Safety Law " fifth provides that " social organizations or other organizations, individuals in false advertising in the recommended food to consumers, so that the legitimate interests of consumers are harmed, and food production operators jointly and severally liable. "), Current law does not specifically provided to the judicial practice which brought a lot of difficulties, the spokesman for the circumstances need to take responsibility for different parts of the practice court. Necessary to use civil law in the contract and tort theories of knowledge, drawing on country practices, endorsement of civil legal relationships involved, the use of reverse thinking, Tort Liability of the spokesmen for the principle of exemption to conduct a specific analysis, which on the theory and judicial practice are of great significance.