disclose that! blogger's guide to disclosure laws & best practices
DESCRIPTION
“Disclose That! The Blogger’s Guide to Disclosure Laws and Best Practices” originally presented September 28th as a part of the worldwide Social Media Week conference. This presentation will teach bloggers and other social media professionals about the most important things they should know about existing FTC guidelines and how they apply across all blogsites, social media networks, and online video. – Why disclosure is essential for professional bloggers and other online content professionals – Biggest myths and misconceptions bloggers and publishers have about disclosure – Real-life examples, consequences, and punishments for failing to follow disclosure laws. – Tips for best practices with disclosure for building trust with your audience. – Free resources on disclosure laws and best practices, including the report, “Pay Me To Trust You: An Online Marketer’s Guide to The FTC’s Revised Guidelines for Disclosures of Endorsements in Social Media.”TRANSCRIPT
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