Business, Legal Drama

Did a Pregnant Kim Kardashian & Darey Art Alade Engage in DECEPTIVE/ FALSE ADVERTISING for the “Love Like a Movie” Concert?

Darey Love Like A Movie Co-hosted by Kim KFirst let me be clear. I have no problems being the solo voice on this issue who continues to voice STRONG opposition to the pattern and practice of Nigerians paying astronomical fees and monies to foreign acts i.e. hundreds of thousands of dollars to millions, to perform in Nigeria. I believe it is appalling, embarrassing, mentally degrading to the identity of the Nigerian both in the diaspora and on the continent; and is a disservice to our future generation, our youths.

When we consistently insist on this behavior, I feel strongly that we hate ourselves and need to be soaked in a solution that would purge us of our deep inferiority complexes. We should feel empowered as a people and we should think about the future and the psychological impact on the next generation when we act in the manner that we continue to choose to. The entertainment industry continues to lead in trashing our identity in the Western world, from music videos to music, event productions  et al. We continue to say we don’t like who we are when we look at ourselves in the mirror. To me, it is beyond sad but rather calls for voices that will rise and at least say something, and hopefully no matter how little the move, cause us to re-examine ourselves.

There are many artistes, indie record labels, event organizers both in the diaspora and in Nigeria that all of these monies should support. Yet, we blatantly refuse to support them and instead throw our monies at White foreigners. These days, we have finally gotten over our snobbish treatment of African-Americans, solely because we see them as a vehicle to getting to the white man. We see the White man values the Black/White woman in the USA that is talented so we fall in line to do “yes sir, yes ma” to them, until of course they are kicked to the curb by the entertainment industry here.

Within the past few years alone, our entertainment industry in Nigeria has spent millions on foreign acts at the detriment of local acts and the local industry!!! Does anyone not see how crazy this is????!

Now on to my topic today. It’s a simple question.

Question: Did Kim Kardashian and Darey Art Alade Engage in Deceptive/False Advertising to Woo People to Purchase the “Love Like a Movie” Concert Tickets?

On February 17th, 2013, Darey produced a musical event called “Love Like a Movie.” By all accounts it was “successful” depending on whose lens you look through i.e. Jeremy Weate’s or Charles Nova. These fellas do a great job discussing the event. So, I’ll stay focused in my lane  on what moves me i.e. the law.

First, let’s define terms.

1. What does it mean to co-host? the dictionary definitions I could find say it means:

“A joint host, as of a social event. .  . or To serve as a joint host of . . .” -The Freedictionary.com

2. Now that we have a working definition of co-host, let’s look at the facts.

Darey Art Alade announced and also publicized via fliers, banner ads etc. that Kim K. would co-host the aforementioned event. Kim K. got on a camera and represented that she would “join” Darey in Nigeria, for the aforementioned event.

What happened on the day Kim was to perform? According to reports of all media, blogs, and attendees at the events who shared their experiences, including the fellas above,  on social media, Kim Kardashian got on stage for less than 20seconds, some say 45seconds, and said they were in for a good show. After that, she left as abruptly as she came.

3. Well, if she flew from the US (California presumably) to Nigeria, did she not know that her duties as a “co-host” actually meant co-hosting? Did Darey not know this? Did these two  have an obligation to tell the public WHY Kim was only spending less than 20secs or 45secs on  stage?

4. How much did Kim K. get paid to show up? We have heard all kinds of figures ranging from $200,000 to $500,000. These figures are absolutely credible and within the range of what American acts have received to perform in Nigeria. Chris Brown was reportedly paid $1million for his appearance in December 2012, so he tops them all.

What are Possible Excuses for Why Kim K Could not “Co-host?”

1. Pregnancy, although it is hardly a disability.

2. Lack of appropriate  clearances to “co-host”/perform in Nigeria

3. Kim NEVER agreed to “co-host” in her actual contract. She agreed to just make an appearance. Indeed, her video even said she was “joining” Darey and she “joined” him.

Assuming all three excuses apply i.e. let’s throw in the whole kitchen sink full of excuses, did Darey and Kim K. engage in deceptive/false advertising by representing to the world and the Nigerian public that Kim K would CO-HOST this event?

What is a Deceptive or False Advertising?

This is the area a lot of talents/event organizers/promoters get in trouble for. These days, we are now seeing persons from the aforementioned groups face criminal charges, at least here in the West, for trying to defraud the public of their monies.

Let’s throw some law into this.

US LAW: I covered a case where Kim K was sued for false advertising on my website www.Fashionentlaw.com a while back. See  Radiant Beauty v. Kim Kardashian case.

California’s Unfair Business Competition law, section 17500 states:

It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to . . . to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or for any person, firm, or corporation to so make or disseminate or cause to be so made or disseminated any such statement as part of a plan or scheme with the intent not to sell that personal property or those services, professional or otherwise, so advertised at the price stated therein, or as so advertised.

Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. . .”

In English . . .

1. Whether you are  a person or a corporation (treated as persons in business law), you cannot falsely advertise your products or services to the public promising something that you know is not true!

2. What is “advertising?” In the USA both under federal and state law, the definition of “advertising” enjoys a broad definition. You can already see California being quite broad above.  Essentially, advertising is a communication by you, the advertiser, to the public to promote your products and services. “Communication” is defined broadly.

3. Under US laws, the communications or claims you make must be materially true and not misleading/false.  False advertising is distinct from “puffery.” Puffery is, wear this clothes and every girl will want you.

NIGERIAN LAW: In Nigeria, the Advertising Practitioners Counsel (APCON) is charged with regulation of  advertising, promulgating rules and enforcement of these rules.  To date, there is a split argument on whether the advertising industry is under-regulated or over-regulated. Often, companies and individuals falsely advertise products and services that harm the public. Unfortunately, it is too bad so sad. There is not much recourse because Nigeria hardly enforces its consumer laws on the book.

Question: So back to my initial question I started out with in my headline.  Did a Pregnant Kim Kardashian & Darey Art Alade Engage in DECEPTIVE/ FALSE ADVERTISING for the “Love Like a Movie” Concert?

You be the judge.

-Uduak

Kim Kardashian Promo

IROK TV Coverage of event

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2 Comments

  1. Bobby says:

    THANK YOU!

    Such shows have outlived their usefulness in my opinion.
    Yes we brought in a few foreign acts and I was glad because the celebs in the west could see that Nigeria is both lucrative and safe enough for anyone to come and do business even entertainment wise but now it’s become this show of who will bring who next.

    Rather than focus on the industry itself and it’s home based artists all we do is go about shedding so much light and pouring out so much money on people who will only leave the industry the same way they met it.

    Almost everyone now wants to own his own label, organise big concerts and make big money and as such we see a few positive competition but a lot of negative one as well.

    I understand that showbiz is part of it all but I’d like to see a great deal more in terms of boosting Nigeria’s entertainment industry than paying foreign acts and celebrities to fly in just so the organisers can sell more tickets.

    Are there any benefits? How many foreign acts have collaborated with anyone in Nigeria? All we get are the odd “remixes” which had already reached shelf life anyway which we still pay a great deal for.

    At this rate Nigerian businesses will start to pay an arm and 2 legs more than anyone other country just cause they think we’re stupid enough to pay.

    Someone once said “It is only with the heart that one can see rightly. What is essential is invisible to the eye.” – Antoine de Saint-Exupéry , The Little Prince.

    I do hope we start to look within. This show was a big embarrassment and someone should be held accountable.

  2. Justin Ige says:

    I think they simply expoited the Nigerian regulatory system. Perhaps if we make enough noise about it, APCON will wake up.

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