Recently, Shanghai No.2 Intermediate People’s Court (hereinafter referred to as “Shanghai No.2 Middle court”) announced a compensation case, drawing back the “gratitude and resentment” between public figures and online lending platforms.
recently, the official account of “WeChat two middle court” of Shanghai second middle school WeChat announced that Pan Xiaoting had been prosecuted for compensation in the case of “Zhongjin system”. The court held that it was difficult to determine that pan Xiaoting knew or should have known that the advertising content was false in the endorsement of the case, and there was no evidence to prove that pan Xiaoting was involved in the fund-raising fraud crime, so it did not support the compensation claim of a victim in the “Zhongjin series” fund-raising case. < / P > < p > in the past few years, it is not uncommon for online lending platforms to invite stars or public figures to speak and promote. Similarly, it is not the first time that investors find stars to compensate for problems in the platform. < p > < p > Chen Wen, director of the digital economy research center of the school of Finance and economics of Southwest University of Finance and economics, told Securities Daily, “P2P financing needs to be driven by marketing, so many institutions invest heavily in star endorsement and advertising.” < / P > < p > as early as January 2014, pan Xiaoting represented “Zhongjin series” investment and financial products through brokerage companies; in April 2016, “Zhongjin series” investment and financial products “exploded”, and tens of thousands of investors were trapped. After the case, many investors claimed that they invested only after seeing pan Xiaoting’s advertisement. Some investors gathered in front of Pan Xiaoting pool hall to claim compensation. For a time, the spearhead of rights protection was directed at the star pan Xiaoting. < p > < p > Shanghai No.2 Central People’s court disclosed that Mr. Zhao was one of the victims of the “Zhongjin series” fund-raising fraud case. He took pan Xiaoting to the court and asked her to compensate for the loss of 200000 yuan. And submitted a notarized advertising video to the court, saying that the voice, image and action in the advertisement are combined to convey such a message to investors: Pan Xiaoting is a professional financial expert. “I bought it out of trust in her.” Mr. Zhao said. < p > < p > according to the information disclosed by Shanghai No.2 Middle School, the reporter of Securities Daily noticed that pan Xiaoting had actively cooperated with the public security organs to refund all the endorsement fees after the explosion of the Zhongjin system. According to Article 56 of the advertising law, if a false advertisement is issued to deceive or mislead consumers and cause damage to their legitimate rights and interests, the responsible person shall be the advertiser, and the advertising spokesman shall bear joint and several liability with the advertiser only when he / she knows or should know that the advertisement is false. Based on the advertising video provided by Mr. Zhao, it is difficult to directly determine that pan Xiaoting knew or should know about the advertisements involved as false advertisements, and there was no evidence to prove that pan Xiaoting was involved in the crime of fund-raising fraud. Finally, the final judgment of Shanghai No.2 Middle court did not support Mr. Zhao’s claim. < / P > < p > this is not an example. When the online lending industry flourished, many online lending platforms cooperated with stars, and some stars also became “platforms” of online lending platforms through “chief experience officer”, “image spokesperson” or equity participation. Yu Baicheng, President of the 01 Research Institute, told Securities Daily, “in 2018, China mutual Gold Association issued the self regulatory Convention on marketing and publicity activities of Internet financial institutions (for Trial Implementation)”, which mainly restricted mutual fund platform. Article 18 stipulates that practitioners shall not conduct false publicity in the name of Internet financial consumers, Or use natural persons, legal persons or other organizations that have not used Internet financial products or received Internet financial services as spokespersons for marketing and publicity activities. ” Xiao SA, director of the Law Research Association of Bank of China, said in an interview with the Securities Daily that “the application scope of the advertising law is not only applicable to food, medical, clothing and other industries, but also different in nature from internet financial products and online loan financing. As long as commodities related to consumers’ life and health are false advertisements, spokesmen need to bear the responsibility However, Internet Finance and online loan financing are not directly related to the life and health of consumers. ” Xiao SA said, “if an internet financial product or online loan financing publishes false advertisements, the spokesperson shall bear civil and administrative liabilities in accordance with the provisions of Article 56, paragraph 3 and Article 62 of the advertising law, but the condition for liability is that he / she knows or should know that the advertisement is false and still recommends it.” Shanghai No.2 Central People’s court also stressed that although the criminal law of China stipulates the crime of false advertisement, the subject of the crime is not the spokesman of advertisement. Therefore, unless the spokesperson has the identity of advertiser, advertising agent and advertisement publisher at the same time, the crime of false advertisement will not be involved. If the advertising spokesperson is deeply involved in the fund-raising fraud activities involved in this case, then the spokesperson may constitute an accomplice in the relevant crimes and should be punished accordingly. Xiao SA reminded that for ordinary consumers or investors, stars and public figures are not “talismans” and should not be blindly trusted, but should be carefully involved.