Please note, I’m not talking about why I decided to have the Liquor Fairy, I’m saying why I and bloggers like me, have to have such a device.
The FTC has decided to come out and issue regulations regarding commercial speech in the modern age. Among other new rules, the American government has decided that they need to require disclosure from bloggers who receive product samples or payments for writing about products. I’ll get to my thoughts on how this directly affects me, other bloggers, and American citizens in general in a moment, but I want to highlight just a few points that Hot Air blogger Ed Morrissey makes in his post which don’t have to do with my kind of blogging.
First, the regulations also apply to celebrities talking about products they’ve been given or loaned outside of clearly accepted advertising environments.
That is going to make the Red Carpet Show before the Academy Awards pretty hilarious.
Exactly, I’m going to tune in to watch just to hear Jennifer Aniston channel her inner Dick Trickle:
Joan Rivers: ” Jen, you look gorgeous today! Tell us about your dress.”
Aniston: “Well, thanks Joan. It’s been a hard fought effort for the Yves St. Laurent team getting me ready for tonight’s walk up this carpet. I want to thank all the good folks at Goldberg’s of Beverly Hills for providing us this gorgeous necklace. And of course, none of this would work at all without the excellent work on my hair by my crew at the Jacob Nash Salon….”
Also, the regulations somewhat opaquely refer to not only bloggers, but “other ‘word-of-mouth’ marketers” as well. Here’s Ed’s question:
Where does the FTC’s jurisdiction end? If I get a free tube of toothpaste in the mail and say nice things about it on Twitter, Facebook, or in a PTA meeting, do I have to disclose it as a freebie or pay the $11,000 fine the FTC imposes? What kind of disclosure can one fit into a 140-character Twitter message, anyway?
Anyway, what does this mean for the Pegu Blog and other blogs of all sorts?
First, let me say that this is an issue of merit. We bloggers should disclose when we have received an inducement to write about a product. It should build trust between us and our audiences, and that is important to me, at least. What is more important, of course, is that we should remain independent in our writing. And that’s where the regulations won’t help, and may actually hurt. They could hurt for other reasons as well.
First off, the reasoning behind these regs seems to be that reviews and promotional writing are powerful market forces and capable of skewing consumers’ information stream. While I wish this were true, I doubt it, at least so far. Also, much more powerful media venues, such as newspapers, seem not to be covered by these new regs. (Apparently they have lobbyists to schmooze the rules writers into not including them. Do the regulators have to disclose this? Just asking….)
At any rate, a consumer looking for help in choosing a new bottle of gin, or a new video game, who just Googles the name, hits a random blog they’ve never seen before, and buys the product based on a review there deserves whatever they get, good or bad. I think it is reasonable for a consumer to establish a chain of experience with any source they look to for advice, before they follow it. And I’d say that it is the consumer’s responsibility, and not the state’s, to do that. And if the consumer get too complacent that Big Brother is looking out for him, then he’s likely to trust too much what he reads. Not good.
Also, the disclaimer requirement are murky, so many of us may feel we need to plaster everything we write with disclaimers to the point that no one reads them any more, and what the hell good is that?
Finally, enforcing regs like this will be expensive. It will cost the government a lot to enforce, and it will cost companies a lot to comply with. You will pay for every red cent, and more, that is spend on this. As I point out above, the benefits are small, possibly illusionary, and likely undermine people’s ability to think for themselves.
As to why I went to the lengths I did to establish my own disclaimer policy, which I hope will satisfy the feds, it goes back to the trust thing I wrote about before. I want and need you to trust me, or you won’t come back to read my stuff, in which case you won’t be assaulted by my advertisements for my real business. I need you to break down and hire me to arrange the death of your friends….
Long update below the fold. (more…)