On March 15 Consumer Rights Day, the debate about "celebrity endorsement of false advertisements should bear joint and several liability" in the newly promulgated Food Safety Law was amplified by the collective grievances of celebrities at the National People's Congress, and "celebrity endorsement" once again became a hot spot of public concern. Legislators said that according to the latest provisions of the Food Safety Law, if celebrities endorse false advertisements, they may lose all their money. If so, does it mean that the false endorsement of stars will come to an end?
argue
As early as the CCTV "315" party in 2007, after the false advertisement of Degang Guo's "hiding secrets and expelling oil" diet tea was exposed, "celebrity endorsement" received widespread attention. In recent years, some stars are always inextricably linked with false advertisements. From Tang Guoqiang and Jie Xiaodong's endorsement of a hospital in Beijing for infertility treatment, to Ge You's endorsement of Yilin Wood Industry, and then to Carina Lau's endorsement of SK-II ... Whether a star should bear the responsibility for false advertisements has been so controversial that the legal provisions regulating the behavior of "spokespersons" in the Advertising Law have been in a "vacant" state.
On the other hand, due to the lack of supervision, celebrity endorsement behavior is even more chaotic, because even if it is a "false advertisement", the spokesperson will not bear any legal responsibility for it. Therefore, we saw that Degang Guo refused to admit his mistake after being exposed by CCTV, and he defended himself well. Deng Jie also said after Sanlu milk powder incident that "no restitution, no mistake".
In fact, the star's reaction is that our laws and regulations do not clearly define the boundary between their behavior and the responsibility they should bear. Whether stars should bear the responsibility of false advertisements, if so, under what conditions, how to bear the responsibility and how much responsibility, these are all issues that legislators need to consider.
The Food Safety Law, which was just promulgated not long ago, is one step ahead of the Advertising Law in terms of food advertising. Article 55 stipulates that "social organizations, other organizations and individuals who recommend food to consumers in false advertisements, which damages the legitimate rights and interests of consumers, shall be jointly and severally liable with food producers and operators". Compared with the advertising law, the greatest significance lies in the addition of the word "individual". The promulgation of this regulation can be described as a stone stirring up a thousand waves, which caused great controversy among CPPCC members in the literary and art circles at the "two sessions"
Commissioner Xiaogang Feng believes that it is unfair to stipulate that celebrities should bear joint and several liability for endorsement of problem foods. "Celebrity endorsements are jointly and severally liable. What is the basis for media to advertise and broadcast advertisements? I think it is based on the certification of the national quality inspection department, but when there is a problem with this product, should the media also bear legal responsibility? " Xiaogang Feng asked, "Has the director of the TV station ever tried to eat the instant noodles advertised? Why should the stars be jointly and severally liable? If the responsibility of the star is investigated, then the media such as TV stations and national quality supervision departments will bear joint and several liability. " Zhang Yimou believes that stars, as a part of the responsibility chain, should bear certain responsibilities; Ni Ping said that at present, the stars can't guarantee the quality of food at all, so she won't accept any food advertisements.
Legislative officials made it clear that
Celebrity false endorsement should be jointly and severally liable.
In view of the "celebrity joint liability system" and a more detailed explanation of the new regulations, the reporter interviewed Li Yuan, director of the Administrative Law Office of the National People's Congress Standing Committee (NPCSC) Law Working Committee and the person in charge of drafting the food safety law yesterday.
Q: At this year's "two sessions", some CPPCC members put forward the "star joint and several liability system", which is unfair. Why should the stars be jointly and severally liable? What about government departments and the media?
A: The Food Safety Law has stricter regulations on administrative departments and inspection agencies. The administrative department has a greater responsibility, and they don't even have the right to recommend. In fact, the Food Safety Law has added one and a half provisions on "food advertising". After Article 54 "The contents of food advertisements shall be true and lawful, and shall not contain false or exaggerated contents, and shall not involve the functions of disease prevention and treatment", a paragraph "The food safety supervision and administration department or the agency responsible for food inspection, food industry associations and consumer associations shall not recommend food to consumers by advertising or other forms" is added. If you violate the provisions of this law, you will be liable for compensation, and the legal responsibility also stipulates that you will be subject to administrative penalties and administrative sanctions.
Article 55: "If a social organization or other organization or individual recommends food to consumers in false advertisements, which damages the legitimate rights and interests of consumers, it shall be jointly and severally liable with the food producers and operators". Compared with the advertising law, the word "individual" has been added this time. This article is to prevent social celebrities and groups from recommending food to consumers in "false advertisements". As for the subject responsible for other "false advertisements", it has been clearly stipulated in the Advertising Law, and it is not just the stars who have to bear joint and several liability. Article 38 of the Advertising Law: Advertisers who, in violation of the provisions of this Law, publish false advertisements, deceive and mislead consumers, and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that advertisements are false shall bear joint liability according to law. Advertising agents and publishers who cannot provide the real name and address of advertisers shall bear all civil liabilities.