What is the legal position of an advertising spokesperson?

The literal meaning of "endorsement" can be understood as speaking and promoting on behalf of products and enterprises. When the advertising spokesperson uses his own image and reputation to endorse the product or enterprise, he has really become the express guarantor of the quality of the product and the corporate image, which is an apparent act in the civil law. When a celebrity artist serves as a spokesperson for a commodity or corporate image, the question of the endorsement company is a kind of "consultant" service contract, and this kind of labor contract has the nature of a civil contract legal relationship.

Legal analysis: Therefore, only bearing civil liability cannot truly achieve the purpose of punishing spokespersons who endorse false advertisements, nor can it achieve the value goal pursued by the law. Therefore, both administrative and criminal liability should be stipulated.

Legal basis: Civil Code of the People's Republic of China

The 465th Chong Tangerine Scattered Tribes A contract established in accordance with the law is protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 466:Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principles of good faith of the contract.

Recently, according to the official of the State Administration for Market Regulation, a well-known actor was suspected of violating the relevant provisions of the Advertising Law by advertising endorsements for a science and technology **** hidden goods in Guangzhou, and the actor was punished with confiscation of illegal gains and a total fine of 10,000 yuan.

So in the Advertising Law, how is the legal liability of the spokesperson stipulated? What are the penalties for violating the rules?

Article 2 of the Advertising Law describes the definition of a spokesperson as "a natural person, legal person or other organization other than the advertiser who recommends or certifies goods or services in his or her own name or image in an advertisement".

The Advertising Law also clarifies the obligations of spokespersons, that is, when they recommend or certify goods and services in advertisements, they shall be based on facts and comply with the provisions of the Advertising Law and relevant laws and administrative regulations, and shall not make recommendations or testimonials for goods or services that they have not used.

In terms of the qualifications of spokespersons, the Advertising Law clearly stipulates that minors under the age of 10 may not be used as advertising spokespersons. Natural persons, legal persons, or other organizations that have made recommendations in false advertisements or have received administrative punishments for less than three years must not be used as advertising spokespersons. If this provision is followed, the spokesperson may not be able to make advertising endorsements for three years.

The Advertising Law imposes certain restrictions on the categories of products that spokespersons may endorse: advertisements for medical treatment, medicines, medical devices, and health foods must not use advertising spokespersons as recommendations or proofs.

In addition, the Advertising Law also clarifies the legal responsibilities of spokespersons. Where false advertisements are published to deceive or mislead consumers, causing harm to the lawful rights and interests of consumers who purchase goods or receive services, the advertiser bears civil liability in accordance with law. Where false advertisements for goods or services related to consumers' lives and health cause harm to consumers, their advertising agents, advertisement 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, advertisement publishers, or spokespersons for advertising verification shall bear joint liability with the advertisers if they clearly know or should know that the advertisements are false but still design, produce, **, publish, or make recommendations or proofs.

Article 61 of the Advertising Law clarifies the penalties for illegal endorsements: violating the provisions of the Advertising Law by making recommendations or proofs in advertisements for medical treatment, drugs, or medical devices; making recommendations or proofs in health food advertisements; Recommending or certifying goods or services that they have not used; Where goods or services are recommended or testified in advertisements clearly knowing or should have known that advertisements are false, the market regulation departments are to confiscate unlawful gains and impose a fine of between 1 and 2 times the amount of unlawful gains.

The penalty decision made by the Guangzhou Municipal Market Supervision Department is also based on Article 61 of the Advertising Law. The actor's illegal gains from the above-mentioned advertising endorsements totaled 10,000 yuan. In accordance with the provisions of Article 61 of the "Law of the People's Republic of China on Reforming and Defeating Advertising", the Guangzhou Tianhe District Market Supervision Bureau made an administrative penalty decision of confiscating illegal gains and fining him 10,000 yuan (the total amount of fines and confiscations was 10,000 yuan).