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公众人物是指在社会上有一定的知名度、为社会公众所认可并在社会上有一定影响力的人物。公众人物在做商业广告时,应当坚持先行审查原则、亲自使用原则。鉴于药品、医疗器械、医疗服务和特殊食品等商品或服务具有较强的特质,其效果可能因人而异,故而应禁止公众人物为这些商品和服务做广告。公众人物违法从事商业广告活动,造成他人损害,符合法律规定时承担相应的民事责任,并应当承担没收非法所得、警告、罚款和限制或者禁止其广告播放等行政责任;建议修改刑法的相关规定,如果公众人物的商业广告行为构成犯罪的,还应承担刑事责任。
Public figures refer to people who have a certain reputation in the society, are recognized by the public and have a certain influence in the society. Public figures doing commercials, should adhere to the principle of first review, use the principle in person. Given the strong qualities of goods and services, such as medicines, medical devices, medical services and special foods, whose effects may vary from person to person, public figures should be prohibited from advertising these goods and services. Public figures engaged in commercial advertising activities illegally resulting in damage to others and assuming corresponding civil liability when in conformity with the law and should assume administrative responsibilities such as confiscation of illegal gains, warnings, fines and restrictions or prohibition of their advertisements broadcasting; it is proposed to amend the relevant provisions of the criminal law, If the public figures of the commercial advertising acts constitute a crime, should also bear the criminal responsibility.