Study On Legal Regulation Of Celebrity Speak For False Advertisement

Celebrity is the public figure who has expertise in some respects and enjoy high visibility, including singers, movie stars, sports stars, models, presenters, all the well-know experts, celebrities and even politicians and scientists. Inviting celebrity to speak for products, has received more and more producers favor,with the celebrity to join, can not only expand products sales, but also improve products visibility by use celebrities’influence and appeal. But as the celebrity speak for advertising phenomenon, also caused a series of problems, false advertisement is the biggest problem.Whether celebrity speak for false advertising assume legal liability or not, it has been the focus of scholars debate. Positive scholars think, celebrity speak for false advertising not only disturb our advertising market’s health development, but also violate the principle of unity of rights and obligations. Consumer purchase products based on the celebrity’s trust,it forms specific rights and obligations between consumer and celebrity.The basic duty for celebrity is responsible for their speak,when they know or should know the products that they speak for it exist false condition, damage the consumers’legal rights, should be assume legal liability. Negative scholars think, it’s illegal that let celebrity assume legal liability that they speak, they lack of independent legal status. Secondly, it lack of operability, because it’s difficult to define that consumers’damage caused by celebrity’s behavior or by producers false propaganda. If consumers can’t prove that damage caused by who, then they action is likely to be in adverse position.Although our country’s "food safety law" has been obtained delectable achievement in regulating celebrity speak for false advertisement,the individual is also incorporated, but its applicability is limited, confined to the field of food,for some special industry,such as cosmetics, heath products,slimming products, related laws and regulations is not to take a step. Ask perfecting related laws and regulations are increasing, more and more scholars appeal emulate the "food safety law" put the person into false advertisement regulation body, if someone recommend products or services to consumers in the advertisement behavior, harming consumers lawful rights, should assume joint responsibility with producer. At the same time, we should perfect our advertisement examination and supervision system, all the advertisement should be checked before aired, check both form and content of advertisement, only qualified advertisement can broadcast in the television. For the administrative enforcement is lax or ineffective phenomenon to firmly hold responsible people, once found false advertisement phenomenon must be resolutely exposure, let the false advertisement no place to hide.