The Advertising Law Is Amended To Put A Magic Spell On Celebrity Endorsements.

In December 22, 2014, the revised draft of the advertising law was submitted to the twelve session of the Standing Committee of the twelve NPC for consideration at the twelfth session. The draft clearly defined the main body of advertising responsibility and increased the punishment for the relevant personnel of false advertisements. this time advertising law The amendment is to give stars a "magic spell" to advertise, if the advertisement of celebrity endorsement has done harm to consumers, we must investigate the joint and several liability of the spokesperson according to the specific circumstances. With the awe of law, celebrity endorsement chaos should stop.

　　 Celebrity endorsement

Now turn on the TV and open the Internet. All kinds of advertisements are all stars. A staff member of Zhejiang satellite TV advertising department told reporters that according to incomplete statistics, at present, there are more than 18 thousand advertisements in China every day, which can see star endorsements. Celebrity endorsement has great appeal and the market is bigger and bigger. It has become a common phenomenon in the advertising industry. "

　　 How much is the celebrity endorsement chaos?

Then Health products endorsement I don't know what the effect is.

"Now the advertisements for health care products are much exaggerated, including product packaging, basically with exaggerated publicity." Zhang Yong, executive vice president of Guangdong health care association and Secretary General of Guangdong nutrition and Health Industry Association, told reporters that the advertising of health products is not consistent with the contents of the products. Playing the "edge ball" and covering the products by emphasizing the effectiveness of some ingredients are the problems of health care products advertising.

Stars are endorsed: beauty agencies embezzle women's photos

Photos of female artists often appear on the websites of many beauty agencies, which make people think that these beauty agencies have been authorized by celebrities. This is not the case. The spokeswoman said in the court's indictment that these cosmetic and cosmetic institutions used their photos without authorization on their respective websites. They were used as promotional materials for cosmetic surgery such as breast enhancement, face lift, acne removal, rhinoplasty, eye opening, double eyelid repair and scar repair.

　　 The pain of law: how difficult is it to manage celebrity endorsements?

　　 Star endorsement chaos governance still can not help, in the end where is difficult?

In recent years, the celebrities' endorsement of false advertising news shows that more than just these people can be exposed, while many other stars still enjoy it. It should be pointed out that whenever a similar incident happens, the mainstream voice of public opinion is basically "let stars take legal responsibility for the behavior of endorsing false advertisements", but in the current judicial practice, they can not find the relevant legal basis.

In fact, the existing law of our country also stipulates clearly the legal liability of false advertisement, but it does not involve the responsibility of endorsing false advertising. For example, the thirty-eighth provision of the advertising law stipulates that in violation of the provisions of this law, false advertisements should be issued to deceive and mislead consumers so that the legitimate rights of consumers who purchase goods or receive services are impaired, and the advertisers shall bear civil liability according to law. Therefore, according to this regulation, the subject of civil liability for false advertising is limited to advertisers and advertisers, and does not include advertising performers and spokesmen.

At the same time, China's Anti Unfair Competition Law and the consumer rights protection act also do not clearly stipulate the legal liability of false advertising spokesmen. Under such circumstances, it has been suggested that the joint liability for false advertising endorsement stars can be investigated according to joint infringement. The support is based on the 130th provision of the general principles of civil law, and two or more joint infringements cause damage to others, which shall be jointly and severally liable. Similarly, this proposal is also lacking in judicial practice, because the spokesperson in the advertisement or the behavior to support advertising or advertising statement, the content of the information is decided and provided by the advertiser, and whether the False Advertising Spokesperson can become a infringer, not only in the law, but also in the academic field, and there is no precedent among the previous judicature.

The absence of law also makes it a hollow word to let stars take legal responsibility for the act of endorsing false advertisements. Therefore, in order to curb such acts, we must summon the upper part of the law.

　　 Govern Ming Star endorsement chaos Elephant's footsteps never stop.

In 2013, the Standing Committee of the National People's Congress adopted the decision to amend the law on the protection of consumers' rights and interests.

In August this year, the latest draft amendment to the advertising law was submitted. It is requested that the advertisers should not prove their unused goods or unacceptable services.

In December 22nd this year, the two draft of the revised advertising law was submitted to the twelve session of the Standing Committee of the National People's Congress for consideration at the twelfth session. The draft stipulates that drugs, health foods, medical devices and medical advertisements should not be asserted or guaranteed to indicate efficacy or safety. They should not explain the cure rate or efficiency; they should not make use of the names or images of medical research institutions, academic institutions, medical institutions, professional associations, professionals, patients or other advertising spokesmen for recommendation and certification. The draft also made clear the main body of advertising responsibility, and increased the punishment for the relevant personnel of false advertisements.

　　 Governance: how to regulate celebrity endorsements?

　　 Then Expert talk

　　 Supervision of competent departments must exert strength.

It is understood that advertising management in China is in a state of long enforcement. For example, in the medical and health industry, the approval of advertisements for drugs and medical devices belongs to the food and drug administration. The advertisements for pesticides and veterinary drugs belong to the agricultural sector, while the traditional Chinese medicine advertisements belong to the health sector, and Western medical advertisements do not need examination and approval. Advertising supervision is mainly responsible for the administration of industry and commerce, and they are to investigate and punish false advertisements. The publication, broadcasting and management of advertisements belong to the media and the competent departments of press and publication.

These problems reflect the urgent need for China's advertising market to establish a scientific regulatory system and effective regulatory means. It is necessary to reasonably divide the relevant departments' authority, link up the scope of responsibilities, and strengthen cooperation among departments so as to form a system of prevention and punishment of false and illegal advertisements.

　　 Advertisers should keep their conscience.

For advertisers, hiring an actor to advertise is a typical "free riding" means, but it should also be used with caution. Now the stars, some scandals, some lawsuits, a little careless, will trigger fire. In fact, many hundred century famous brand companies often only do those advertisements with long vitality. They will never engage in short term operation, and promote business promotion with a few stars. Chinese entrepreneurs should reflect on their business promotion behavior.

For advertising companies, they should also be responsible for advertisers. They can not use the so-called star effect to hitch a ride and pursue short-term interests. Some advertising companies lack of innovation and imitation. Many of the star advertisements appearing in the news media have the shadow of advertisements in western countries. This shows that advertising companies blindly copy the creativity of other countries' advertising companies in pursuit of their own interests, and take public figures as their selling points. This is a marketing behavior that lacks commercial morality. Advertising companies should learn to promote goods and services rather than just to catch up with celebrities.

Besides, celebrities also need to maintain their rationality and conscience. They can't play the role of money and ignore legal responsibility and moral conscience in order to earn money. As a public figure, celebrities have obvious social effects, and their actions affect the public's value orientation. Moral trend 。 It is extremely irresponsible to make good use of the respect and trust of good people and give up their moral bottom line in order to earn money.

　　 Netizens say

A big fan of Confucianism: an advertisement, from planning to production, to censorship, until the final broadcast. Every link should be responsible for the authenticity of advertisements. We can not legislate only one of them.

Wu Jingming, an associate professor of economics and law at China University of Political Science and Law, has to say that China's advertising spokesmen were too laissez faire. Whether it's a sports star or a literary star, the first thing to do is to shoot an advertisement. However, once the products are endorsed, they will not take any responsibility. There are interests and no responsibilities, rights and obligations are not equal, and endorsements become unscrupulous, and there are many lies.

Xu Dafa: the requirement that the new advertisement law should use the advertisement of celebrity endorsement is a kind of progress and also a necessity. The false advertisement of celebrity endorsements has been criticized for a long time.

Yang Lan: the accountability of celebrity endorsement and propaganda is limited to "fines". There may be some shortage of strength. According to the bill, once a star's false endorsement is committed, it will be confiscated by the administrative department for Industry and Commerce and impose a fine of 1 times or more than 2 times the illegal income. Although 1-2 times the penalty is "astronomical" in the eyes of ordinary people, but for stars, it is a little "no pain and no pain". To recover the losses, we will earn 1-2 times the fine. It is only a matter of minutes. Therefore, to eliminate the false endorsement and excessive publicity of celebrities, we must raise the cost of false endorsements and touch the pain of celebrities.

Yin Chenchen: Although false endorsement ads are not related to "unscrupulous" stars, the inspection of the quality of products can not be separated from the work of industry and commerce, quality supervision and other departments. Only the relevant departments are responsible for the implementation of regulatory duties, can we really eliminate the harm of false advertisements.

Li Tong: it is very important to implement the regulations, how to implement them and how to supervise them. In the process of law enforcement, we should put an end to formalism and let stars know that products are out of order, and that they cannot escape their responsibilities. Secondly, we should reduce the cost of consumer rights protection and let consumers no longer have no reason to argue.