Celebrity Spokesperson: Sound Investment or Potential Liability? Know What to Expect

Although any background search should cover all bases, the focus of a search should depend on the circumstances surrounding the advertiser and the advertisement or advertising campaign

Ronald R. Urbach (rurbach@dglaw.com)
Tiffany Towers (ttowers@dglaw.com)

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Use of a celebrity in any capacity in advertising warrants a thorough background search in order to ensure that the individual will represent the advertiser well. In most cases, it would be imprudent on the part of the advertiser and the agency to hire an individual with a reputation for bawdy or malfeasant behavior. Not only could an individual with the propensity to act badly reflect poorly on an advertiser once the celebrity becomes associated with the advertiser through a successful advertisement or advertising campaign, such a person would likely prove difficult to work with during production. It would also be imprudent to hire a celebrity with a history of supporting political or social causes that tend to undermine the advertiser or the advertiser's line of business.

Although any background search should cover all bases, the focus of a search should depend on the circumstances surrounding the advertiser and the advertisement or advertising campaign. Following is an overview of what a thorough background search entails.

A thorough background search should begin (and, indeed, could end) with a criminal background check in state and federal criminal databases. Although public relations agents are sometimes successful at keeping their clients' escapades out of mainstream media, state and federal criminal databases generally contain files on everyone who breaks the law, without regard for celebrity status.

It is also advantageous to conduct a search in civil suit databases. Numerous results containing an individual's name in civil suit databases could indicate that the individual is litigious, lacks respect for contractual relationships or is unable to properly manage social, financial and/or business affairs.

A thorough background search must include searches in all news media databases. Evidence of an individual's character (good or bad) can often be found in news articles. A celebrity's display of poor behavior is not often missed by the paparazzi. News articles are, furthermore, a good source for discovering an individual's organizational and personal associations. There is always at least a local paper that runs a story when celebrities, for example, speak out for or against political or social causes or support an organization with a generous donation (or happen to have lunch with a known felon).

Though most of the exploits of the rich and/or famous are well documented by the mainstream media, it is advisable to conduct a general Internet search as well, especially when researching less known personalities. Personal web sites and online chat rooms can reveal conflicts that are not always picked up by the mainstream media. Such makeshift databases, however, can undoubtedly be unreliable. As such, if something is revealed in an online chat room or individual web site that is not otherwise verifiable, it may be beneficial to hire a private investigator to conduct a more thorough background search.

Advertisements and advertising campaigns that utilize celebrity spokespeople or endorsers can be very effective marketing tools. When celebrity-endorsed advertisements are unsuccessful because of a failure on the part of the celebrity to represent the advertiser well, however, such advertisements can result in costly embarrassments to the advertiser and the advertising agency. Thorough background searches thus become wise investments as they help determine whether and to what extent an individual celebrity represents a risk to an advertiser's and it's agency's reputation

© 2001 Davis & Gilbert LLP