Celebrities, celebrities, etc. cannot change the identity characteristics of advertising spokespersons by making testimonial certificates such as "×× experience officers".
The Shanghai Municipal Administration for Market Supervision and Administration has made such provisions in the "Compliance Guidelines for Commercial Advertising Endorsement Activities" recently issued.
Screenshot of the website of the Shanghai Municipal Administration for Market Supervision
Repeated "rollovers"
In the advertisements that everyone can contact every day, "spokesperson" is a common word. Most of them are celebrities and celebrities with high popularity.
In the Advertising Law, the so-called advertising spokesperson refers to a natural person, legal person or other organization other than the advertiser who recommends or proves the goods and services in his own name or image in the advertisement.
However, in recent years, after some celebrities and celebrities have charged high endorsement fees, the brands they endorse have repeatedly "overturned".
According to media statistics, since 2014, there have been more than ten lightning incidents on the Internet investment and wealth management platform endorsed by celebrities. In addition, there are cases of milk tea brands endorsed by a celebrity suspected of fraud, and the quality of the products endorsed by a celebrity is not up to standard.
So, do the spokespeople of these brands need to be jointly and severally liable?
"Spokesperson"
Let's first take a look at how the previous spokesperson involved was handled.
In the face of consumer rights protection, many of the "spokespersons" involved only respond to the public with apologies and self-examination. For example, the above-mentioned milk tea brand suspected of fraud, the star who endorsed it publicly apologized for this, and said that it would self-examine and self-correct, actively cooperate with the investigation, and said that it must be more rigorous in future work. Some netizens questioned whether an apology was really enough?
The Advertising Law clearly stipulates that where false advertisements for goods or services related to the life and health of consumers cause harm to consumers, their advertising agents, advertising publishers and advertising spokespersons shall bear joint and several liability with the advertisers.
Where false advertisements for goods or services other than those provided for in the preceding paragraph cause harm to consumers, their advertising agents, advertising publishers, or advertising spokespersons, who knowingly or should have known that the advertisements are false, still design, produce, represent, publish, or make recommendations or proofs, shall bear joint and several liability with the advertisers.
The picture is from the official WeChat public account of the Beijing Chaoyang District Financial Dispute Mediation Center.
In addition, just last year, the Beijing Chaoyang District Financial Dispute Mediation Center issued an announcement calling out to the stars who have endorsed P2P to do their duty for their endorsements. In response to this problem, in June 2021, Liang Tao, vice chairman of the Banking and Insurance Regulatory Commission, publicly mentioned that it is necessary to speed up the recovery of stolen goods and recover losses, and recover executive bonuses, celebrity endorsement fees and advertising fees in accordance with the law.
According to this provision, the advertising spokesperson does bear a certain risk. However, there is still the possibility of risk aversion here, and companies and celebrities will deliberately avoid the identity of "spokespersons".
"×× Experience Officer"
An important way to avoid the identity of the "spokesperson" is to replace the advertising spokesperson with a "×× experience officer".
New terms such as "chief experience officer", "chief product officer", "official preferred officer" and so on are emerging. The so-called "×× experience officer" is borrowing the heat of celebrities and celebrities to win public attention for the product.
Two years ago, an article raised such a question: many celebrities have joined the company in such a capacity, but is the so-called "entry" here really clocked in to work, or is it a disguised endorsement?
Some legal sources have said that celebrities do not appear directly as spokespersons, and once the product is suspected of violating the law, it is easier for the star to avoid joint and several liability that may arise.
There is a truth to the endorsement, but there is no name for endorsement. Behind this is a "good account" calculated by the "experience officers" - not only got the corresponding fees, but also avoided the risks of laws and regulations.
Screenshot of the Guidelines for Compliance with Commercial Advertising Endorsement Campaigns
Taking money without taking responsibility won't work!
When consumers are influenced by celebrities and celebrities to buy products, the "experience officers" may not be responsible for these products. This is unreasonable, much less legal.
Today, the Shanghai Municipal Administration for Market Supervision and Administration has further defined the spokesperson in the Compliance Guidelines for Commercial Advertising Endorsement Activities.
Among them, it is clear that well-known literary and art workers, well-known sports workers, experts and scholars, "net red" and other star artists, social celebrities, etc., because of its high degree of identity, although the identity is not indicated in the advertisement, but the public can identify their identity through their image, it belongs to their own image, using their own independent personality for advertising endorsement, even if it is not well known to the public, such as "×× experience officer" and other recommended proof, can not change the identity characteristics of the advertising spokesperson.
The behavior of star artists "exploiting loopholes" has been put into the cage of the law. The act of taking money without taking responsibility for the actual behavior of "×× experience officer" does not work!
Sources: China News Network, Shangguan News, Shanghai Rule of Law News
Rule of Law Pudong Comprehensive Editor