FTC Plans to Regulate Blogger Freebies
According to a report by the Associated Press, the Federal Trade Commission (FTC) is considering to monitor blogs for undisclosed sponsored blog posts. According to the FTC, bloggers who don't disclose that they received freebies once these new rules go into effect could become the target on an FTC investigation. These new guidelines (PDF), possibly with modifications, will most likely go into effect later this summer, and would mark the first time that the FTC tries to patrol the blogosphere.
As Andy Beal rightly points out, "the only bloggers that need to be wary of any new FTC guidelines are the ones that have brought this on us all." The FTC isn't likely to care about the blogger who used a coupon to get the free hamburger he/she blogged about. But there is a whole subculture of bloggers who make a living of undisclosed freebies and "sponsored conversations." According to CNet's Caroline McCarthy, however, these rules could even extend to undisclosed affiliate links. Under the new guidelines, bloggers would have to disclose if they are being compensated and, if they don't, the FTC could order them to pay restitution to their readers.
As much as those bloggers who receive these gifts would like to claim this isn't the case, freebies like free laptops, trips, or gift cards are likely to influence a writer's opinion of a product. We just heard from a food blogger last week who told us that she regularly receives expensive spices, books, and mail-order steaks from companies that won't to be covered on her blog.
Do We Want the FTC to Regulate the Blogosphere?
At the same time, though, we do feel queasy about the FTC starting to extend its reach to the blogosphere. While we dislike the idea of not disclosing these gifts, we're not sure having the government intervene here is such a great idea, either. We also can't help to wonder how the FTC is going to monitor the thousands of small-time bloggers who regularly receive freebies. The FTC also won't be able to do much about the large number of these blogs that are based outside of the United States.
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The discussion of this top across the web (and in my email) has really brought out some of the worst in people. Is it possible for conservatives these days to respond to any event of government policy without regurgitating irrelevant rants against Obama? Lets forget for the moment whether these statements have any connection to reality. It does make it incredibly hard for conservatives to be succinct.
What would you like for breakfast?
Well, given that Hussein Obama is nationalizing healthcare and preventing me from choosing a doctor, bankrupting the country and destroying the value of our currency, refusing to stand up to third-world dictators, and creating fake taxes on carbon, I’ll have scrambled egg substitute and a short stack. And coffee. That is unless liberals have banned breakfast until everyone has equal access to IHOP.
Seriously, folks. The question is about bloggers and the FTC. Should the government get involved with regulating commercial speech? There is a long history of regulation well-supported by both conservatives and liberals. A prime example is the Uniform Commercial Code, which forms the basis for much of our everyday regulatory laws concerning business transactions. Oh, and before anyone rants about government intervention - the UCC is a private-sector initiative that has been adopted by all fifty states.
A rational argument could be made that recommending modifications to the UCC and dealing with this at a state level would be much more appropriate. Another rational argument would be that for-profit corporations (which are entities created through state law and subject to regulation) cannot “pay-for-play”; with regulations kicking in concerning ‘gifts’ or rewards over a certain dollar amount.
Regulating bloggers is unreasonable, silly, and in the end unenforceable. Regulation on the commercial side is feasible and should be discussed rationally and succinctly. However, I will listen to conservative opinions on the subject ONLY as long as the conservative in question does not say “and besides, Obama can’t regulate bloggers - he isn’t even a natural-born citizen!”
That's bad news for John Chow. The guy only makes money from undisclosed sponsors...
Funny how this is such a touchy subject among professional writers/bloggers. We all remember Leo Laporte having a total melt down when Micheal Arrington suggested impropriety:
http://www.youtube.com/watch?v=IsV-lgnAjps
( NSFW language in video! )
"Thou doth protest too much me thinks..." or how ever that Shakespeare quote goes.
Reminder: If the prospect of blogging without getting a bunch of free perks from companies bothers you, you are probably not blogging for the right reasons. You should be writing because you love to.
This post is way too tepid. The government has no business coercively interfering with freedom of speech or voluntarily given and accepted gifts. Dubious conduct on the part of private parties ought to be sanctioned by the audience and sponsors.
To do any regulation on blogs is bound to cause trouble. As the piece says, how can small time bloggers be regulated? And why should they be?
Are journalists put under this level of scrutiny (Genuine question, i don't know!) or are they left to 'self-regulate' according to their ethics?
Blogging should be done for the enjoyment, not the perks - incidentally, i once received a voucher for a yoghurt drink; i didn't use the voucher as i couldn't find a shop that sold it.
As we all know, not one single piece of legislation begins at the hands of an elected or appointed official in the US. I live here, I know...
As a blogger, publisher and advertiser, I would really like to get more insight from the FTC on WHO is behind this new proposal. In other words, which lobby brought this up and who, how much, and what are the company names of those who are pushing this?
How about the FTC putting a little disclosure on who sponsored this?
Oops... I forgot, the Gov doesnt have to play by the same rules do they?
M