chrisbrogan.com - Latest Comments in My Thoughts on the FTC Disclosure Rules and Bloggers

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Tyler F. Long — Sun, 17 Oct 2010 16:50:14 -0000

I totally agree with the concept of full disclosure. What I disagree with is the FTC deciding to legislate blogger reviews. Who is so silly as to not realize product reviewers get free products sometimes? Less government is better government!

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

yah00 — Mon, 16 Aug 2010 04:46:07 -0000

Great! Thank you for sharing!

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

usb flash drive — Tue, 15 Jun 2010 07:02:31 -0000

I am with you to reveal is the way to go. It probably takes 2 to a line when you are posting lets add in seconds and your readers know there is a bias there. Does the discloser of your post about your reader's mind forever changed? No, but it's good to get it out on the table anyway.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

marryroy01 — Thu, 31 Dec 2009 00:09:25 -0000

Disclosure is I suspect a good thing up until it taints the very nature of making a living. If the typical reaction to disclosure is to the doubt the words of the discloser this is a bad thing. It's a cultural thing in our society that I'd be interested to learn more about. What is the typical reaction when people read, "Hey I got this product or I get paid to give counsel to x company who participates in the industry I'm writing about."

joystick

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Mark 'Rizzn' Hopkins — Mon, 16 Nov 2009 22:19:01 -0000

Well, ask a stupid question, get a stupid answer. Way to revive a dead
thread.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Danny Brown — Mon, 16 Nov 2009 22:03:31 -0000

Calling someone a jerk just because they asked you a simple question? Classy...

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Fred Posner — Sun, 15 Nov 2009 22:36:37 -0000

I completely disagree with the FTC stance on disclosure. I think that this is government regulation over free speech, and basically making the stance that people are too stupid to live without government. I'd rather they keep out and just go after real problems. My take on what an FTC disclosure should sound like is posted at http://www.fredposner.com/f...

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

mtnrunner2 — Thu, 22 Oct 2009 13:38:58 -0000

I don't regard the "fabric of trust" to be of higher value than our freedom. We should not tolerate selling out our freedom to protect mere *product reviews*.

If someone makes a false statement, they can be prosecuted. Aside from that, restrictions constitute a violation of the *principle* of free speech and of individual rights, and this one seemingly innocuous prohibition is in fact one of many small steps by which our freedom will be lost in more important ways.

Jeff Montgomery
http://funwithgravity.blogs...

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

JackBresler — Thu, 22 Oct 2009 03:13:31 -0000

Exactly

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

JackBresler — Thu, 22 Oct 2009 03:12:29 -0000

Psycho-manipulation by overzealous marketers has become too sophisticated for being dealt with by "buyer beware" mentality.

The unfortunate result is that we expend precious energy in being overly suspicious of everything.

This regulation - in and of itself - is a sign of [albeit belated] normative social vitality. Had it not been issued by the FTC, with it's reputation for shooting first and asking questions later, I doubt it would have raised such a ruckus.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

JackBresler — Thu, 22 Oct 2009 03:01:44 -0000

Is the rampant abuse of "freedom of speech" by slick and sleazy - and oftentimes very sophisticated - hype-artists to go on ad absurdum?

As Chris Brogan pointed out in reply to a previous comment, not all people are honest. The reality is that the dishonest ones can and are spoiling the fabric of trust that is a basis of commercial communication and interaction among humans.

The anonymity, that the internet provides, requires re-considering the amending the rules (including the first amendment) because reality has changed.
Laws and regulations participate in a dialogue with norms.

I therefore applaud the FTC for contributing to the required change in norms, to accommodate the change in reality.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Timberland shoes — Sun, 18 Oct 2009 18:58:09 -0000

I like what you said.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Jennine Jacob — Wed, 14 Oct 2009 00:00:26 -0000

I absolutely agree that there should be disclosure, I have been animate about disclosure since I began my blog two and a half years ago. I even go beyond what they FTC regulates because if I get something for a barter or anything like that, it's different from what I would actually buy with my own money.

My only problem is that the FTC is singling bloggers out. It's a total double standard. Traditional media is way more guilty of getting special treatment from companies, gifts, trips, dinners, etc... and they carry more influence (for now) than bloggers do. I find the penalty heavy handed, and insulting that they consider bloggers to be unprofessional, when in fact the bloggers who carry any influence at all are indeed professionals.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Joe Manna — Tue, 13 Oct 2009 21:02:38 -0000

No, the full guidelines are posted on the FTC.GOV Web site. In the 81 pages of regulatory drivel, it elaborates this would impact just about any content on the Web that has been paid/compensated for in some way. So, it would also include testimonials found on many Websites.

PDF: http://www.ftc.gov/os/2009/...

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Joe Manna — Tue, 13 Oct 2009 20:59:43 -0000

It's okay, Chris is protected by the 1st Amendment in the United States Constitution. As a reminder, in case the FTC forgot:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

(Emphasis added)

I would have to say that Chris provides significantly more disclosure than the guidelines mandate and meet and exceed audience expectations. Just my opinion, of course. :)

~Joe

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Joe Manna — Tue, 13 Oct 2009 20:55:28 -0000

I agree with you, Chris, but I have a few other concerns that you didn't really hit on.

As far as ethical behavior, you've pretty much wrote on that before and the community went a bit pitchforky forming two groups of good-faith bloggers and results-oriented advertisers against each other. (here)

That said, I find it a bit ignorant of the FTC to issue considerably "harsh" mandates for essentially editorial matters on the Web. I hope they know, American bloggers and advertisers aren't the only ones gaming the system and it opens up the opportunity for such advertisers to advertise through ulterior means, pay-for-playing with international bloggers and their ad firms.

But, again, as always, it comes down to doing the right thing. The FTC is trying to communicate to businesses and would-be sole proprietors out there, do the right thing or be slammed for it. It gives bloggers in general a bit more of credibility, like TV. Television ads are heavily regulated -- introducing those "results not typical" safe harbor rules.

It's /not/ just limited to bloggers, but they are impacted. This also impacts any Web sites who provide customer testimonials ... they must also provide data on the actual results, nullifying the previous "results not typical" safe harbor.

This impacts advertising and marketing as a whole, not only bloggers. The 81 pages of regulatory-ese is worth the read this time around. (PDF: Get ready to see what your tax dollars go to author.)

The guidelines are very loose and are aimed for catching the big offenders. It shall be interesting to see how the first case becomes enforced. I could easily consider the 1st Amendment as a solid defense if I was a defense attorney for a blogger.

Thanks for sharing your thoughts on this, Chris. I just wanted to get a few of mine off my chest, too. :-)

~Joe

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

TGAPGeorge — Tue, 13 Oct 2009 16:20:08 -0000

We are humans, so we are naturally biased. So you'd think that since we know that, disclosure would be a non-issue.

But when I read something-especially a glowing review--and the only link is to their product I'm suspicious. I can't help it, it feels like they are trying to slip something by me.

When they disclose though, even if it's the CEO, I pay attention to their words and accept their opinion as valid. I still do my own research of course, but I've allowed myself to be influenced.

Several of the companies I write for prefer that I don't write about them outside their purvue, so I haven't needed to disclose yet.

I can guarantee though that if the chance ever comes up, I'll disclose with pleasure!

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

migwickert — Tue, 13 Oct 2009 15:17:18 -0000

Thanks for sharing. I agree, nothing to freak out about. Being transparent and honest is what leads to great, lasting relationships. :)

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Mark Shipley — Tue, 13 Oct 2009 11:03:34 -0000

Is it perhaps a bit too far-reaching in that it sounds like the FTC can hold companies liable for what thier employees post on their own personal blogs and social pages (Facebook). (See bottom of paragraph three http://bit.ly/I8vMj) Does every idle tweet have to have a disclosure statement? If some kid works at Burger King and posts how much he loves the Whopper on Facebook without mentioning he works there, will BK be fined $11,000 for each mention? BTW: I do not work for Burger King or Hunton & Williams.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Ed Bisquera — Tue, 13 Oct 2009 10:50:04 -0000

A thought comes to mind. Is this a way to keep "citizen journalism, ie bloggers" at bay so that reputable, professional journalism keeps their position?

I'm not screaming conspiracy here, just wondering if the FTC is being influenced by the legitimate news industry?

I think that full disclosure is always welcome and it makes sense to me.

I just hope we can move on quickly and get back to communicating and connecting to the best of our ability and if we get paid for it, there's full disclosure. Pretty simple to me, I guess. :-)

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Mark — Tue, 13 Oct 2009 10:38:53 -0000

"Nike provided the shoes" takes up 23 characters (16%) of a tweet.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Chris — Mon, 12 Oct 2009 22:27:00 -0000

I don't have a problem with disclosure. I do have a problem with the government getting involved with the Internet. Given such attempts as the control over the Internet, this measure has that same feel. The Internet is the last bastion of free speech. It needs to stay that way.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Mark 'Rizzn' Hopkins — Mon, 12 Oct 2009 19:22:37 -0000

Wow, could you be more of an jerk?
Before you ask a blatantly stupid question like that, perhaps you should go
through and do a Google search on my name. Go ahead. I can wait.

I've been covering these FTC guidelines for months and months, before anyone
in the PR, marketing, tech or blogging world picked up on it, let alone the
mainstream press. I've been on numerous podcasts, guest posted, and been
quoted in the press dozens of times on this. I've read this document more
times than I care to admit, and I find your question more than a little
insulting.

Here's a little test for you - find me the word "blogger" defined in section
255 (not section 255.1 or any other subsection - section 255 where the
definitions are).

You won't find it.

The word blog is used once or twice in the examples, but never is it defined
what the FTC considers a blog. Surely, if you read Chris Brogan's site,
you're well aware of the liberal definition of the word blog in today's day
and age. Never once does the FTC document clearly define what social media
users they're targeting, and though the examples try to enumerate that, the
press statements from the FTC (Rich Cleland is who I'm referring to) have
made it clear that they're not sure they have a handle on it and wish to
create an environment of FUD so that everyone and their dog will hafta worry
about this.

This is the definition of Chilling Effect. Chilling effect is even
mentioned by name in the FTC documents (see: "Analysis of Comments
Concerning What Communications Should Be
Considered “Endorsements” Under § Section 255.0 of the Guides").
Unfortunately, the FTC chose to ignore such analysis and dip their little
paws into First Amendment regulation.

Mark my words - the first time this goes to court because some Twitter user
didn't say the right thing the right way, these guidelines will see the need
for revision. No judge with any respect for the constitution will allow
this.

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

whitneyhoffman — Mon, 12 Oct 2009 16:44:03 -0000

Um, there's a whole section, 255, that is definitions. Did you read the things at all?

Re: My Thoughts on the FTC Disclosure Rules and Bloggers

Albert_Maruggi — Mon, 12 Oct 2009 16:22:18 -0000

I appreciate your thoughts and agree for the most part. There is a fine line between common sense and overregulation. Two issues

1) just because I may get paid doesn't taint my opinion. I think our culture is predisposed to believe that. It's something that will change only after transparency is an accepted practice over generations

2) Wait you are kidding me right about the White House thing? The Washington press corps has missed so many stories in the passed decade or more, Enron, WMD, Causes for the bank bail out. No I don't buy that one, it's about networking and who has got access to the first interview, to the new angle from the power players.

Are you with the FTC?