The new rule!Stars when “x x experience officer” can not escape the responsibility of advertising spokesperson!

2022-05-29 0 By

Source: Chinese consumers to star performers, social celebrities, etc. Also can’t change the identity of the advertising spokesperson on February 9, the Shanghai market supervision bureau issued “commercial sponsorship activities compliance guidelines” (hereinafter referred to as the “guidelines”), has been clear about the four aspects of 21 items of commercial advertising spokesperson qualification and sponsorship activities associated with the negative list.Further standardize commercial advertising endorsement activities, adhere to the correct advertising guidance, protect the legitimate rights and interests of consumers.”Spokesperson” is a common word in the daily advertisements that people can come into contact with.Most of them are stars and celebrities with high visibility.In the “Advertising Law”, the so-called advertising spokesperson refers to the natural person, legal person or other organization other than the advertiser who recommends and certifies commodities and services in his own name or image in the advertisement.But in recent years, some stars and celebrities in the collection of high endorsement fees, their endorsement of the brand has repeatedly “overturned” situation.According to media statistics, since 2014, Internet investment and financing platforms endorsed by stars have exploded more than ten times.In addition, the milk tea brand endorsed by a certain star is suspected of fraud, and the product quality of a certain star is not up to standard.So, does the spokesperson of these brands need to bear joint liability?Let’s take a look at what happened to the spokesmen involved in the case.In the face of consumer rights protection, many “spokesmen” involved only respond to the public with apologies and introspection.Such as the aforementioned suspected fraud of a milk tea brand, for its spokesmen for the star publicly apologized, and said that self-examination, self-correction, actively cooperate with the investigation, at the same time said that in the future work must be more rigorous.Is an apology really enough?The Advertisement Law clearly stipulates that if false advertisements of commodities or services related to the life and health of consumers cause damage to consumers, their advertising operators, advertising publishers and advertising spokespersons shall bear joint liability with advertisers.Where the false advertisements of commodities or services other than those prescribed in the preceding paragraph cause harm to consumers, the advertising agents, advertisement publishers or advertising spokespersons who design, produce, act as agents, publish or recommend or certify the advertisements even though they know or should know that the advertisements are false shall bear joint liability with the advertisers.The photo is from the official wechat account of Beijing Chaoyang District Financial Dispute Mediation Center.Just last year, Beijing’s Chaoyang District Financial Dispute Mediation Center issued a notice calling on stars who had endorsed P2P to do their part.In view of this problem, In June 2021, Liang Tao, vice chairman of CBRC, publicly mentioned to speed up the recovery of stolen goods and loss, and recover executive bonuses, celebrity endorsement fees and advertising fees in accordance with the law.According to the regulation, advertising spokesmen do bear certain risks.But there is still the potential for risk aversion, with companies and celebrities shunning the role of “spokesmen”.An important way to avoid responsibility and avoid the identity of “spokesperson” is to change the advertising spokesperson into “XX experience officer”.”Chief Experience officer”, “Chief product officer” and “official preference Officer” are all new terms.The so-called “X x experience officer”, this is to borrow the heat of stars, celebrities, for the product to attract public attention.Two years ago, an article raised such a question: many stars used to work in enterprises with such identities, but the so-called “entry” here is really the clock, or a disguised endorsement?Legal personage once said that stars do not directly appear as spokespersons, once the product is suspected of violating laws and regulations, stars are easier to avoid possible joint and several liability.There are endorsements, but there are no endorsements.Behind this is a “good account” calculated by the “experience officers” — not only get the corresponding fees, but also avoid legal and regulatory risks.Taking money without responsibility doesn’t work anymore!When consumers are influenced by stars and celebrities to buy products, each “experience officer” may not have any responsibility for these products.It’s not reasonable. It’s illegal.Now, the Shanghai Market Supervision Administration has further defined spokespersons in the guidelines.Famous among them clear, the well-known literary and art workers, sports workers, experts and scholars, such as “web celebrity” star performers, social celebrities, etc., because of its high identity recognition, even though the advertising did not indicate the identity, but through its public image can identify its identity, belong to in his own image, using their own independent personality in endorsements,Even if it is recommended by other identities not known to the public, such as “x x experience officer”, it cannot change the identity characteristics of advertising spokesmen.It is no longer feasible for celebrity artists to take money but not responsibility in the name of “x x experience officer”