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Civil Liability Of Celebrity Endorsement

Posted on:2014-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:G P LuoFull Text:PDF
GTID:2266330392462596Subject:Law
Abstract/Summary:PDF Full Text Request
Advertising is the product of the commodity economy, with the development ofmarket economy development. As long as there is a market economy, the ads is there,it promotes the production of goods and affect the way people live. In recent years,with the prosperity and development of the commodity economy in China, along thehigh-speed development of the advertising industry, all kinds of ads to appear onpeople’s vision range. Advertising has become an integral part of people’s lives. Inparticular, in recent years, with the rapid development of mobile Internet, advertising,information is at your fingertips. But in recent years, a number of businesses makingprofits, by means of which the defective product advertising to promote their stareffect do, so as to achieve the purpose of gain the trust of consumers. On the one hand,stars as a public figure, its endorsement of the product is very easy to attract the trustof consumers. On the other hand, advertising businesses use celebrity advertising tocover up product defects, by means of high reputation and reliability of the star inwhich the public, reducing consumers questioned. The moment celebrity endorsementpopular, their legitimate rights and interests of consumers as vulnerable groups can’tbe guaranteed. And star advertising endorsements become an important means ofmany businesses establish a corporate image and brand image, due to lack ofsupervision, false endorsements behavior is bound to disturb the normal order ofmarket economy.. In order to guide the development of celebrity advertising, toprevent the occurrence of false advertising behavior, it is necessary to improve thelegal system of China’s advertising, combining prevention and post punishment, strictand explicit star false advertising liability.In recent years, there are many stars false advertising. This false advertisingdamage the legitimate rights and interests of consumers, had been condemned todenounce. But moral condemnation and pressure of public opinion far from beingable to prevent false star advertising events, not to safeguard the legitimate rights andinterests of consumers. From a legal perspective, it is precisely because of commercialadvertising endorsements aspects of the imperfect legal system, which makes the starfalse endorsements behavior is more prevalent. This prejudice to the legitimateinterests of consumer behavior behind reflects the lack of legislation. So far, only the"Food Safety Law" clearly provides personal liability false endorsements. But the lawapplies only in the food field of tort liability, does not apply to the endorsement of the false advertising of other products. The breakthrough in the field of food productareas expanded to the analysis of the legal basis of the star false endorsements liabilityfrom a legal point of view, the constituent elements, Responsibility principles andlegal effect. Finally, foreign legislative practice, a reasonable legislative proposalsaimed at improving the legal system of China’s celebrity endorsement.
Keywords/Search Tags:Celebrity advertising, False advertising, Joint infringement, Joint-liability
PDF Full Text Request
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