Study On The Civil Liability Of Celebrities Engaging In False Advertising

At present, China’s economic development is rapid, and the advertisement industry is increasingly developed. Endorsements, especially the celebrity endorsement phenomenon, also become more and more popular. Endorsements are very important for expanding commodity publicity and promoting sales of goods, which is of great significance for commodity operators and the development of commodity economy in our country. Many companies hire celebrities from all walks of life for its endorsement of a product or service, therefore, advertisement spokesman has also become a new kind of social groups, received extensive attention of society. Yet at the same time, a large number of false endorsement ads also arise. As the advertising spokesmen are public figures, their social influence is extremely broad. Once appear, false advertisement brings damage to the consumer on the property and health, seriously harming the interests of consumers. But our country’s existing laws on civil responsibility system of false advertisement spokesmen is missing, therefore, legal regulation without delay on the the celebrity endorsements of false advertisement is urgently needed. The author thinks that it is need for our country to build civil liability system on false advertisement spokesmen. On the issues, this article is divided into six parts to be discussed:The first chapter is on overview of the basic problems on celebrity endorsement of false advertisement. The main contents include the interpretation of basic concept and the type of false advertisement. In this section, it is need for us to understand the concept of advertisement spokesman and celebrity, and understand their status and role in the advertisement. The most important is to understand what is false advertisement, because the center of this article is about civil liability regulation on celebrity endorsements, and preventing the false advertisement.The second chapter discusses the issue that celebrity endorsement of false advertisement shall bear civil liability. This part includes the theoretical basis and the necessity of advertisement spokesman bearing civil liability on false advertisement. Law is very serious and strict, legal regulation on a certain behavior must have the necessity. Since we request that celebrity speaking false advertisements needs to bear civil liability, we should list reasonable legislative basis according to the actual situation.The third chapter analyzes the nature of civil liability for the celebrity engaging in false advertisement. By comparisons, I insist celebrities engaging in false advertisement should bear tort liability, neither the liability for breach of contract, nor the liability for contracting fault. In addition, the paper also analyzes the rights that false advertisements violate.The fourth chapter analyzes the tort liability of celebrity for false advertisement, giving analysis and demonstration from two angles that tort imputation principle and constitutions of tort liability. First, I state the imputation principle of civil liability of celebrity false advertisement. Then, according to the analysis of the four constitute elements, we can identify that false advertisement is a kind of tort, and the celebrity should bear tort liability for engaging in false advertisement.The fifth chapter compares different paths on regulation of celebrity false advertisement at home and abroad. First, the paper introduces the responsibility system of advertisement spokesmen abroad. Then through summarizing the system of laws and regulations and imperfections of legislations on civil liability for celebrity false advertising in our country, understanding about China’s legislative situation of celebrities engaging in false advertisement, we draw lessons from foreign regulation on celebrity endorsement according to our country’s present situation.The sixth chapter puts forward the advice that we improve our legal system of civil liability of celebrity endorsements for false advertisement. Suggestions from three angles is listed:in the legislation, it is need to perfect the relevant laws about false advertisement; in the enforcement of the law, we should perfect the system of advertising review and strengthen the supervision of law enforcement; in the administration of justice, it is necessary to establish the system of public interest litigation, protecting rights and interests of consumers.