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Wanting something done, and getting that something done are quite different tasks, as the Federal Trade Commission (FTC) is discovering, yet once again. The FTC would like bloggers to disclose their connections to products or manufacturers when hyping a particular product or service, particularly in “non-traditional contexts”, such as tweets. The FTC wants to make sure you, the average consumer, isn’t being mislead by the endorsement. But how to do it?
The first of the FTC’s problems is identifying who is subject to the rules. That seems to be a simple one: if you write about a product or service online, presumably only if in glowing terms, then you qualify--be you a “celebrity or a mommy blogger.”
Second, how do you force disclosure? The FTC doesn’t want people to think there will be “storm troopers taking down suburban houses and seizing the computers of mommy bloggers.” (Storm troopers don’t do much positive for the FTC’s public image.) The FTC is saying they’ll take a less aggressive approach, paying a watchful eye on whether the claims about a product are true, or can be substantiated. If not, then the hammer comes down, but with an emphasis on companies rather than individuals.
The FTC says its rules for disclosure will apply in cases when consumers have a “reasonable expectation” that the author is not being paid to shill a product or service. “If the consumer knew that the person who was making that endorsement was being paid, would the consumer view that endorsement differently? I think that’s the bottom that we’re trying to get at,” said Leonard Gordon, FTC Northeast Regional Director.
Image Credit: FTC
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