Research Of Legal Liability Of Celebrity Engaging In False Advertising

In recent years ,celebrity false advertising have become more and more , which brings great harm to consumers and social economic order . However , due to lack of regulations , celebrity false advertising on the legal liability is limited to academic discussion . How to regulate advertising celebrity ads and how protect the legitimate rights and interests of consumers become major problem in the area of advertising legislation , and it has become an urgent problem . In this context , this article discusses that celebrity endorser of false advertising should bear what kind of the legal responsibility . All we disscuss in there is in order to off a way to solve the problem which is celebrity assuming legal liability in celebrity false advertising .The introduction of this article from the analyzing of the case of Feng xiaogang representing Moon River Castle comes to the conclusion that China's legislation on celebrity false advertising is missing , and leads to many problems . Later , this article is divided into four parts to describe :The first part , the article define the concept of celebrity false advertising , and analysis the causes and disadvantage of it . This section define the concept of celebrity , false advertising and celebrity of false advertising , and clarifies the object of regulation is celebrity of false advertising ; Then this part analysis the reasons for celebrity false advertising are imperfect laws , high endorsement fees and shortage of awareness of rights and obligations , and points out which harm this phenomenon applied to consumers and the social and economic order and the general moral .Part II , the article sates the relevant laws and regulations and some similar cases at home and abroad . This part lists our country`s relevant laws and regulations of celebrity false advertising , and analyzes the shortcomings and deficiencies . At the same time , it lists similar cases of celebrity false advertising of foreign . Later , this part emphasis on the relevant laws and regulations of celebrity false advertising liability of Britain , the United States , France and Japan .Part III , the feasibility of celebrity undertaking liability of celebrity false advertising is stated . From the debate whether celebrity assume legal obligations of false advertising , This part shows that the celebrity should bear the liability of the endorsement of the false advertising in theoretical basis and practical reasons . And it discusses three possibilities of legal liability which are fault liability, contractual liability and tort liability . Then , this part shows that the celebrity should bear the legal responsibility is tort liability .Part IV is the key part of this article . The article discusses the liability of celebrity false advertising in attribution principle , influencing factors and disclaimer subject . From the previous text it can reach conclusion is that celebrity spokespersons should undertake the legal liability of consumer damage which is owing to celebrity false advertising basing on the principle of presumption of fault principle . And they should bear the joint and several liability together with other subject of legal responsibility of false advertising . Of course, this responsibility is not unlimited , in the end , this section also point out the influencing factor of legal liability and exemptions of the celebrity .