The Legal Liability Of Celebrities Engaging In False Advertising

With the development of the commodity economy, Advertising as an importantmeans of publicity merchandise, has become the new position where the majormanufacturers compete. With the rapid development of Chinese advertising industry,Celebrity endorsement advertising is becoming increasingly common phenomenonand has gradually become the focus of people’s attention. However, in recent years,engaging in false advertising has been a problem during endorsements process, Allthis celebrity will not only damage themselves and the consumer’s life and property,but also affect the development of society. When we facing the growing proliferationof false advertising, compared to other countries’ legislation and enforcement on falseadvertising, we found very limited relevant laws and crackdown in China. Currently,only the 《Food Safety Law》 clearly spokesperson for the endorsement of foodproducts should be jointly and severally liable, other laws do not assume liability forfalse endorsement behavior, the legal liability of celebrity false advertising has beenone of the key issues nowadays. Especially with the Sanlu milk powder incidentoccurred, the increasingly number begin to discuss of false celebrity endorsementsbehavior.Based on the summary of previous research results, through the phenomenon ofcelebrity false advertising in-depth analysis, stating the reasons for the spread of itsharmless, by comparing the domestic and international laws on false advertisingcelebrity endorsements, find our current blind law and imperfections on the issue ofcelebrity endorsement advertising system in order to build and improve it, trying tosolve this defect.This article includes an introduction, main body, conclusion and outlook section.The introduction describes the purpose and significance of research, review relevantresearch on the topic, also describes the research methods and ideas.The first chapter is an introduction, introduces the research background andsignificance, Domestic and foreign literature review, the basic structure of this paper and so on.The second chapter defines celebrity and false advertising with deep analysis,pointing out a specific case about harm of celebrity false advertising to consumers andsociety. Meanwhile it is identified the properties of celebrity false advertising,revealing the nature of the reasons for the increasing spread of false advertising,describes the lack of laws on advertising management exists.The third chapter describes and analyzes the legal liability of celebrityadvertising in different academic perspectives, points out the legal responsibilities inthe form of advertising spokesperson, as well as the feasibility study and path analysisof celebrity endorsements liable for false advertising.The fourth chapter describes the relevant laws and regulations of foreigncelebrity endorsement on false advertising, by comparing the foreign legal system,proposed an improved management of advertising legal advice, celebrity behaviorshould be regarded as "Advertising Law", false endorsement behavior not only civilliability, but also bear the administrative and even criminal liability.The fifth chapter talking about the proposal of building and perfecting celebrityadvertising from legislative, judicial and law enforcement systems. By improving thelegal system to regulate and supervise the celebrity behavior. And set up strictpunitive measures, its purpose is not to limit the celebrity endorsement, but to regulatethe behavior of celebrity endorsements, protecting consumers’ legitimate rights,making the socialist market economy more healthy and stable.