虚假广告代言人之责任

消费者基于明显不实之虚假广告而购买商品，广告代言人无需承担责任；在真假难辨的虚假广告中，广告主和广告代言人均需承担责任。代言人基于信赖责任和获得利益而需要对其行为承担责任。代言人明知或者应当知道广告存在虚假内容时，其与广告主承担直接连带责任；在其不知情时只承担补充连带责任。代言人对其是否知情承担举证责任。广告主与广告代言人之间就责任承担的约定不得对抗消费者。

Spokesman''s Liability in False Advertisement

The consumer purchase goods based on the clearly false advertisement, spokesmen bear no liability;in the ads that can not easily distinguish the true and false, both advertisers and spokesmen need to take responsibilities. Spokesman should bear responsibilities on the ＂bases of reliable liability and requiring benefit. If spokesmen know or should know of the existence of false advertising content, he should bear joint and several liability with the advertisers directly; otherwise he on- ly bear joint and several liability as an added one. Spokesmen bear the burden of proof that he doesn＇t know the false content. Agreement of liability between advertisers and spokesperson shall not be against consumer.