The detrimental effects of invoking Moral Clauses as sufficient ground for the termination of celebrity or talent endorsements
Lumonya, Winnie Ivy
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The dissertation is a study of how the enforcement of moral clauses in endorsement contracts has led to the violation of the right to freedom of expression and privacy rights. For the last century, the inclusion of moral clauses has been a common norm in endorsement contracts in America. They are generally upheld by the courts and are added to contracts by endorsers in order to curb the risk of the celebrity’s behaviour negatively affecting the consumption of the goods they endorse. The paper focusses on how America has treated the enforcement of the clauses, anticipating that with the growth of endorsements in Kenya, they will soon be implemented in celebrities’ contracts.