disclose that! blogger's guide to disclosure laws & best practices

September 28, 2012

Disclose That!Blogger Disclosure Laws

& Best Practices

Panelists

Grant CrowellDigital Strategist and Author

Sara HawkinsAttorney and Social Media SpecialistVantage Consulting

What We’ll Cover…

• Blogger Stories• Why have disclosure?• Disclosure Laws• Definitions to know• Examples• What to disclose?• Tips and Resources• Discussion (Q&A!)

Tweet us live!

#SMWdisclosure

bit.ly/disclose-that

Legal Disclaimer!

Sponsored by…

Blogger stories

Jeanne CarpenterCheese Geek & Content Marketer

I’m a very ethical person. I only endorse cheeses that I truly like. So I should have to disclose that I’ve done consulting work for some of those cheese companies….

right?

David Meerman ScottAuthor, Speaker, Social Media Expert

However…

Where bloggers are confused

• What do disclose?• How to disclose?• What will get me in trouble?• How are others getting away with it?

Where publishers are confused

• Don’t think of themselves as advertisers or marketers

• Believe they are exempt from FTC disclosure laws

• Don’t think that paying guest bloggers requires disclosure

• Don’t think that having guest bloggers speak at paid events require disclosure

Where publishers are confused

My story…

FTC, Explained

2000 Dot Com Disclosures

2009 Endorsement Guides

2009 Endorsement Guides

2010 Endorsement Guides (revised)

Definitions to know

FTC Definitions for Bloggers

• Disclosure• “Full Disclosure”• Connection• Endorser• Advertiser• “Clear and

Conspicuous”• “Material relationship”

Questions by Bloggers• Who is an “advertiser?”• Who is an “endorser?”• What is free speech vs

commercial speech?• Why is unbiased information

sometimes not an exception?• What constitutes a “material

relationship” that requires disclosure?

• How can I include disclosure in things outside of my control?

• Why can’t the FTC do a better job going after my competitors?

BIG CONFUSION #1Blogger-Publisher Relationships

The FTC considers any material relationship between

bloggers and advertisers as a requirement for clear and

conspicuous disclosure. Publishers also fall under the

category of “advertisers” when their publication engages

consumers in commercial transactions as an intended

result of their exposure to the bloggers’ content.

BIG CONFUSION #2Consumer Reviews

The FTC considers consumer-generated reviews

made possible through free products provided to

them by the manufacturer as commercial

speech, and subject to the same disclosure of

endorsement guidelines as other advertising.

What to disclose?

HOW to disclose?

What Bloggers Can Do

• Have a disclosure policy on your own site• Distinctively emphasize affiliate links in your

copy• Request disclosure copy prominently in your

guest posts• Consult with legal professionals• Educate your peers

Where bloggers can get help

• Better Business Bureau• Watchdog sites• National Small Business Obundsman

(sba.gov/obundsman)• National Advertising Review Council’s

Electronic Self-Regulating Program• Your State Attorneys General• FTC’s own video clips (and press officer)

bit.ly/disclose-that

Tweet us live!

#SMWdisclosure

Sponsored by…

September 28, 2012

Disclose That!Blogger Disclosure Laws

& Best Practices