The Federal Trade Commission (FTC) revisited its Guides Concerning the Use of Endorsements and Testimonials in Advertising , the rules on truth in advertising, for the first time since 1980 and applied it to bloggers. A firestorm of criticism erupted.
But I don’t get it on several levels.
For years people pretending to be consumers have been posting blog comments, reviews, criticisms, endorsements, features, benefits, images, schematics and other content pretending to independent advocates of brands and causes. Whole firms of these fakeroo posters peddle this service to brands desperate from buzz and new customers. A few years ago Wal*Mart’s PR agency Edelman got busted for this kind of abuse.
Bloggers, me included, are always looking for freebies and swag. I’m still jealous that when Jeff Jarvis said he was in “Dell hell” he got a laptop. When I posted my “Dell hell” story I got a snotty call from a Dell flack.
Over the years, I got a few books to review, a few t-shirts and a mountain of white papers and reports that the authors’ often charge for. I haven’t shilled for anybody and I’ve tried to be equally critical of everyone; sometimes ranting and sometimes praising. My goal is to disclose everything, take nothing and hold on dearly to my digital bully pulpit.
It’s only sensible that bloggers should be transparent and ethical in revealing who is schmearing whom. Payola poisoned broadcasting and print media and has probably played an unfair role in the growth of blogging and other forms of social media.
The FTC mandates that disclosure must be “clear and conspicuous” whatever that means.Commercial and endorsement relationships must be disclosed. Wild ass claims are out of bounds as is masquerading as someone or something you are not. The rules kick in on December 1st and penalties include $11,000 in fines per violation.
This seems right to me. Bloggers, like journalists, should strive for integrity and transparency by disclosing their allegiances, alignments and paid endorsements. Bloggers also should be subject to libel and slander laws and should adhere to the same code of conduct as journalists and corporate officers.
So why did the editors of Ad Age work themselves into a lather calling the FTC blog rules “excessive, ridiculous, hypocritical and likely unconstitutional?’?
Because the rules are vague, difficult to understand or enforce, policed by bureaucrats subject to political influences and Obama’s direction and they come down harder on new media than old media. Who knew that Ad Age was such a digital defender?
They’re not. They are just anti-regulation across the board for advertising.
Today the New York Times weighed-in arguing that the regulations are not onerous and will probably protect the public. I agree.
In this case, the shot across the bow is warranted. In cyberspace all kinds’ of shenanigans have gone on for more than 10 years. It is time to rattle the regulatory saber and close down the crooks, charlatans and cheaters. Even if it takes some ham-fisted FTC action, we can find the equilibrium, as needed, through the courts.























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