Social Responsibility of “Brand Ambassador”In relation to the $11 billion cosmetic case being revoked for investigation and clarification, the showbiz artists who advertise the product and the business are involved, who is responsible for the law and the commune. Assembly?
According to the current law provisions, in this case, enterprises producing and/or trading in products shall have to take responsibility before law for the quality of the products they produce or trade in. As the seller of the product to consumers, the business must ensure the quality of products in accordance with regulations. Violations will be subject to administrative sanction or even prosecution (art 156).
Regarding the responsibility of famous artists when promoting the products, the current law has no specific provisions to handle their responsibility in this case. In addition, in terms of behavior, it is difficult to prove that they are guilty because they are the only people who are hired by businesses to advertise, convey messages and products of the business to people. Consumption and quality assurances are the responsibility and commitment of enterprises producing and trading in such goods.
However, as the direct use of their reputation and popularity to bring products to consumers, the social responsibility for celebrity artists is huge because their image is associated with the product. Therefore, if the products are acknowledged as poor quality, the image and prestige of the artists will be greatly affected, and adversely affect the psychology of consumers as well as public opinion. Therefore, the famous artists who agree to participate in advertising for a product should pay attention to the quality of the product that they convey to consumers.
Many people think that Vietnamese artists as “brand ambassadors” for a business must have some responsibility in this matter. Because of the introduction (commitment, quality assurance) of the artist, consumers have trust to use. In the legal aspect, is “brand ambassadors” one of the legal terms?
From the legal point of view, according to the current law, there is no regulation on what is “brand ambassador”, so it is not a legal term. In essence, these people are “conveyors of advertising products” in accordance with the provisions of Clause 8, Article 2 of the Law on Advertising 2012: “…is the person directly put the products advertised to the public or display advertising products on the person by wearing, hanging, attaching, pasting, drawing or similar forms”.
However, the law does not specifically regulate the rights and obligations of conveyors, so it is impossible to attribute their responsibilities. On the other hand, they are essentially advertising tools, used by business owners for the purpose of conveying their product information to the public. So the responsibility should go to the business owners.
In contrast, in this case, however, artists have a great deal of social responsibility to the public and consumers, who use their image and reputation to represent a poor quality product. Because, when a famous artist is crowded with the followers which means that person is very popular, trustworthy. What they say, what they do, what they wear, or what they eat usually raise interests to the fans. Therefore, the artist needs to thoroughly verify the source of the product to avoid giving the society the advertising messages for the product illegally, which can be harmful to the consumers.
The advertising, videos, posts, live-streams on Facebook of the artist when representing for brands or the products are inadequate in making money from Facebook now?
Nowadays, the number of Facebook users in particular and social networks, in general, is very large, so it can be sure that this is obviously one of the most effective advertising channels at the moment.
However, it is clear that advertising on social networks has generated many inadequacies, as in reality, these are only posts on the personal pages of Facebook users, but in the case of celebrities due to their images and reputation, the number of followers is enormous. Therefore, the popularity is very wide even without losing other traditional advertising channels. Therefore, the posting of videos, pictures, and articles for the promotion of a product is, in essence, the artist acting as the publisher of the advertisement in accordance with the Advertising Law, Be responsible for checking documents related to advertising conditions of organizations, individuals, products, goods and services to be advertised and take direct responsibility for advertising products.
Therefore, it is not possible to view these posts as normal personal pages, but the authorities should have a mechanism to better manage this form of advertising. Through the management mechanism to protect consumers and alongside with participate in advertising products on the FB is responsible for the quality of the product that he is representing.
Vietlaw Solutions Firm.