The Civil Responsibility Of Pop Star In Sham Advertisement

Advertising spokesman in the advertisment campaign only has rights, no obligation. The stars who delegates ads can not only gain a huge endorsement fees, but also can increase their visibility and improve their celebrity. If the goods the star delegates have some problems in real life, it often related to false advertising, stars began to shirk responsibility for their own defence. At present, China's current "Advertising Law" and other have not related the legal responsibilities the stars to take, but the "food security Act " showed the spokesman for joint and several liability provisions, but this responsibility only in food advertising. As the social and economic development, the legal issues caused by the stars engaged the false advertising surfaced, the issues also attracted more and more law people concerned. This paper analysis the case of Liu Jialin and Liu Xiang's controversial focus, the problems are how to define the act of star delegate the false advertising, if the spokesmen are liable for the obligation, and they bear what kind of responsibility.This paper divided into four parts:The first part introduced the basic situation of the case. The case leads to its controversy focus, the define of the behaviour of stars delegate the false advertising; the responsibility the stars engaging false advertising to bear.The second part is the analysis of case's controversy focus. First defined the behaviour of the spokesman, from the elements of tort and the principle of attribution two sides to analysis; Then defined the legal status of the spokesman, cleared the star as a false advertising campaign spokesperson is a important participant, and they have the equal status with the advertiser, advertising operators and advertisement publishers; Finally analysised the law respinsibilities the star engaged the false advertising against the interests of consumers should be liable for, from a legal and civil law perspective, the stars to take the legal responsibility is well-founded.The third part introduce other countries's law of the liability regulation of the stars delegates the false advertising . Focuses on the United States and other countries 's law obligation on false advertising spokesman, compared with our country 's situation.The fourth part is the assessment of the case and the legal thinking of our country's star delegates the ads system. Recommended that put the acts of stars delegate false advertising include in the "Tort Liability Act" category, giving consumers the right to bring civil complaints, introduce the punitive damages, prompting the star as a public figure to take their own obligation to avoid the occurrence of tort liability.