Civil Liability For Deceptive Advertisement Endorsed By Celebrity

Now, with the development of market economy, the advertising industry is also gradually grow, when we turn on the TV and newspaper ads filled with every corner of our lives. Businesses use advertising to promote products and services has become one of the most convenient, most efficient means. More serious in our celebrity endorsement phenomenon of false advertising, not only harm the consumer’s personal or property interests, but also a serious impact on the established on the trust of the celebrity endorsement of the product, resulting in damage of their own interests, but unable to speak for the rights of celebrity advocates, the judiciary have no way to pursue the endorsement of celebrities civil liability, which is a big flaw in our legislation. Therefore, the celebrity endorsement of false advertising on Civil Liability for certain theoretical and practical significance.In addition to the introduction and conclusion, is divided into four parts.The first section describes the characteristics of the celebrity and the definition of false advertising, for the following celebrities should be liable for false advertising of its endorsement of celebrities own characteristics-social scarcity, social influence, social responsibility of the introduction, laying the groundwork.The second part describes the legal status of celebrity endorsements, the legal status of celebrity endorsements in theoretical circles there are several different doctrine, the paper outlines three different doctrine, and put forward their point of view, that the endorsements celebrity endorsements is an important participant of the "equal status ", sub celebrities engaging in false advertising of civil liability based on the theory basis.The third part introduces the relevant provisions of the foreign celebrities engaging in false advertising responsibility, comparative analysis of the significance in China.The fourth part is the identification of the nature of the celebrity endorsement of false advertising of civil liability, certainly celebent and improvement of the social credit system in China. Consumers purchased basrities should bear tort liability on the basis of the principle of such infringement Liability, false advertising, celebrity endorsements to cause harm to consumers should be applicable to the principle of fault liability of the special form-the principle of presumption of fault. Endorsement celebrity adduce evidence to prove the subjective state of endorsements of the most reasonable, not only effectively protect the legitimate interests of consumers vulnerable groups, but also facilitated the endorsement celebrity review of advertising truthfulness and legality of the consciousness and enthusiasm. Followed by analysis of the constituent elements of the tort liability from illegal activities, damage to the facts, causality and the subjective fault introduced one by one the celebrities engaging in false advertising should bear civil liability.