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The Legal Liability Of Celebrity To Do False Advertising

Posted on:2013-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:W T ZhangFull Text:PDF
GTID:2246330374482798Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of market economy, the advertising has advanced, the form of celebrity endorsement in the advertising industry is also becoming more and more. In recent year, because of the false advertisement, the news that celebrity is told by consumer often appears in newspaper. The consumer always lose the lawsuit eventually because of the imperfection of the current advertisement law institution. This phenomenon causes society and education circles to extensive attention and discuss. In our country, the celebrity generally has high public cognition and credibility and crowd’s foundation. The advertisements that they engage in victimize community extensively and is more deceptive. It is more dangerous than normal advertisement. So the text analysis of false advertising from the view of the "Tort Liability Act to conduct the Celebrity endorsement the responsibility.The text divides five parts to analyze the responsibility of the celebrity endorsement:The first part, analyzes the reasons why celebrity endorsement false advertising the driver of the economic benefits, lack of self-discipline and lack of legal norms on the celebrity endorsement concluded that our legal celebrity endorsements in the regulation of false advertising defects.The second part, summarize a variety of viewpoints in that should Celebrities be liable for engaging in false advertising and make a Comment. Analyze the reasonableness of the celebrity should bear legal responsibility for the endorsement of false advertising.The third part, comparative analysis of the three typical relevant laws of the United States, France, Japan, of legal regulation of celebrity endorsement the false advertising.The fourth part, analyzed responsibility of celebrities engaging in false advertising from the perspective of tort liability, defined the imputation of celebrities engaging in false advertising, celebrity endorsement. Analyzed the constituent elements of the tort, and finally further discussed excusatio.The fifth part, based on the above analyzed and discussed proposed the recommended to amend the law on advertising to improve the definition of false advertising, increase celebrity for the main body of the legal responsibility, increase the celebrity endorsements duty. Recommended the introduction of judicial interpretation of the current tort liability law, identified the celebrity false advertising for tort liability, using the principle of presumption of fault, the provisions of Impunity Reasons for celebrity endorsements.
Keywords/Search Tags:celebrity, false advertisement, torts
PDF Full Text Request
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