Zhongxin Finance, February 11 (Reporter Song Yusheng) Celebrities, celebrities, etc. are recommended by "XX experience officers" to prove that they cannot change the identity characteristics of advertising spokespersons.
The Shanghai Municipal Administration for Market Regulation made such a provision in the recently issued "Commercial Advertising Endorsement Activities Compliance Guidelines".
Screenshot of the website of Shanghai Administration for Market Regulation
Repeated "rollovers"
"Spokesperson" is a common word in the advertisements that everyone can come into contact with on a daily basis.
Most of them are high-profile stars and celebrities.
In the "Advertising Law", the so-called advertisement spokesperson refers to a natural person, legal person or other organization other than the advertiser who recommends or certifies the goods and services in their 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 explosions of Internet investment and wealth management platforms endorsed by celebrities.
In addition, there are cases where a celebrity endorsed milk tea brand is suspected of fraud, and the product quality endorsed by a celebrity is not good enough.
So, do the spokespersons of these brands need to be jointly and severally liable?
"Agent"
Let's first take a look at how the previous spokespersons involved dealt with it.
In the face of consumer rights protection, many "spokespersons" involved only responded to the public with apologies and self-examination.
For example, a certain milk tea brand suspected of fraud has publicly apologized for this, and said that it will self-examine and correct itself and actively cooperate with the investigation. At the same time, it must be more rigorous in future work.
Some netizens questioned, is an apology really enough?
The "Advertising Law" clearly stipulates that if false advertisements of goods or services related to the life and health of consumers cause damage to consumers, the advertising operators, advertising publishers, and advertising spokespersons shall be jointly and severally liable with the advertisers.
Where false advertisements of goods or services other than those specified in the preceding paragraph cause damage to consumers, the advertisement operators, advertisement publishers, or advertisement spokespersons still design, produce, represent, publish or make recommendations or certifications even though they know or should have known that the advertisements are false. , shall be jointly and severally liable with the advertiser.
The picture is from the official WeChat account of the Financial Dispute Mediation Center of Chaoyang District, Beijing.
In addition, just last year, the Chaoyang District Financial Dispute Resolution Center in Beijing issued an announcement calling on stars who have endorsed P2P to be responsible for their endorsements.
In response to this problem, in June 2021, Liang Tao, vice chairman of the China Banking and Insurance Regulatory Commission, publicly mentioned that the recovery of stolen goods will be accelerated, and executive bonuses, celebrity endorsement fees, and advertising fees will be recovered in accordance with the law.
According to this provision, advertising spokespersons do bear certain risks.
However, there is still the possibility of avoiding risks, and companies and celebrities will deliberately avoid the identity of "spokesperson".
"XX Experience Officer"
An important way to avoid the identity of "spokesperson" is to replace the advertising spokesperson with "XX experience officer".
"New terms" such as "Chief Experience Officer", "Chief Product Officer" and "Official Selection Officer" emerge in an endless stream.
The so-called "XX experience officer" is to use the popularity of celebrities and celebrities to gain public attention for the product.
Two years ago, there was an article asking this question: Many celebrities have joined the company in such a capacity, but is the so-called "joining" here really punched in to work, or is it an endorsement in disguise?
A legal person once said that celebrities do not appear directly as spokespersons. Once the products are suspected of breaking the law, it is easier for celebrities to avoid possible joint and several liability.
There are endorsements, but no endorsements.
Behind this is a "good account" calculated by the "experience officers" - not only got the corresponding fees, but also avoided legal and regulatory risks.
Screenshot of "Commercial Advertising Endorsement Activities Compliance Guidelines"
Just taking money and not taking responsibility will not 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 and even more unlawful.
Today, the Shanghai Administration for Market Regulation has further defined endorsements in the "Commercial Advertising Endorsement Activities Compliance Guidelines".
Among them, it is clear that well-known literary and art workers, well-known sports workers, experts and scholars, "Internet celebrities" and other star artists, social celebrities, etc., because of their highly identifiable identities, although the identities are not indicated in the advertisements, the public can easily identify them through their images. Those whose identity can be identified are those who use their own image to make use of their independent personality to endorse advertisements. Even if they are recommended by other identities that are not well known to the public, such as "XX experience officer", they cannot change the advertisement. The identity of the spokesperson.
The behavior of star artists "taking advantage of loopholes" has been locked into the cage of the law.
Just taking money without taking responsibility and acting in the name of "XX experience officer" will not work!
(Finish)