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Legal Regulation Of The False Celebrity Advertisements In Our Country

Posted on:2012-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ShaoFull Text:PDF
GTID:2216330368990810Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Celebrity ads using the image, charm and popularity of the celebrity to elevate the popularity of the enterprises and products. So as to promote their products and increase sales. Using celebrities to speak has become a common practice in the advertising industry. Recently, more and more business invite celebrity as spokesmen for theirs company. In these ads, there are a large number of illegal false content and increasing number of lawsuits caused by these. Form the ads of SK-â…¡that been found metallic element excessive levels, Beijing Xinxing hospital, to today's Sanlu milk powder incident. More and more reports on the endless stream of false advertising appears and this issue has become the focus of attention. But when investigate celebrities specific legal responsibility, there is not finding a basis. All this reflects our current legal system to celebrity lacking of regulation of false advertising, so as to provide a vacuum for the false ads.The false ads brings not only the material losses and moral damage to consumers, but also bringing a negative impact on social environment.. In the harmonious society, the phenomenon is somewhat unexpected. The current gaps in our legislation and the embarrassment of judicial making a false endorsements divorced legal regulation, China's laws and regulations related to the celebrity ad is not perfect, in addition to moral condemnation on the outside, without legal liability.To demonstrate the legal concept of fairness and justice and prevent the recurrence of the embarrassing situation, it is necessary to amend existing laws and regulations and include endorsements act within the framework of legal regulation. Celebrity endorsements plays a positive role in guiding consuming, promoting the development of the market economy. But the false ads is harmfully to the society. It is necessary to improve and perfect the mechanism of celebrity advertising accountability, improve the market economic mechanism. But celebrities do false advertising to society is incalculable harm.This article discusses the problem, causes, harms, and the domestic issue of positive and negative viewpoints, proposed the theoretical basis of false advertising and the legal characterization. Pointed our current system's deficiencies in this respect and learned from foreign experience. Proposed changes in legislation, "Advertising Law"," Food Safety Law"or the introduction of specific implementation details. Strengthening the media public opinion, raise consumer awareness of rights and expand relief ways, increase monitoring and enforcement, and strengthen the role of industry associations, and actively guide consumers or consumer organizations, proceed public interest litigation., identify the false endorsement by tort principles. And find out exemptions, and will not assume unnecessary responsibility for celebrities, so that the false celebrity endorsement behavior obtains comprehensive legal regulation.A large number of false celebrity makes the whole community that be challenged .Through the establishment and improvement of legislative, judicial, law enforcement to establish the constraints and means of punishment system. In order to safeguard legitimate rights and interests of consumers, clean the consumption environment, ensure the normal order of market development. It is building the honesty and health harmonious society's...
Keywords/Search Tags:Defining the false advertisement, Accountability, Exemptions, Legal Regulate
PDF Full Text Request
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