The new rule by Federal Trade Commission (FTC), requiring bloggers to disclose to their readers if they received any freebie or money for writing about a product came into effect this Tuesday. The first amendment since 1980, the new FTC Guide Concerning the Use of Endorsements and Testimonials in Advertising, states, “The post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service.”
The initial reports had stated that, bloggers who failed to disclose that they had received freebies when they write about a product could be fined up to $11,000 per post.
However, later in an interview to PR Newser, Richard Cleland, FTC assistant director and division head for advertising practices, cleared the air and said “The FTC does not have the authority to impose a fine for a violation to the FTC act. There is a provision that allows for a proceeding in federal court that allows for imposing of a monetary penalty for violation of trade regulation laws. The guidelines are not trade regulation laws.”
We are just three days into this new law and I am yet to see any disclaimers on posts for product reviews. But, what I would like to discuss in this post is how is this law which does not penalize the offenders going to make a difference to how we blog? Or how we follow bloggers?
Blogging is an integral part of social media and the foundation of social media is based on mutual trust. It thrives on the trust we share with those we follow and those who follow us – friends, colleagues, acquaintances or even complete strangers with whom we manage to build online relationships. Using your personal credibility to influence people who rely or believe on your word, in exchange of cash or kind is definitely a breach of this trust.
As a marketer, who believes in exploiting every possible medium online and offline to spread the word about my clients and their offerings – It is good have people around on the Internet who are ‘influencers’ in their own right and who do not mind getting an incentive for using their word to influence others. Getting them to talk positively about my client makes good business sense because not only does this bring my client, some good publicity helping create a social reputation but also in many cases brings in convinced customers and assured sales.
However, as a regular internet user who uses this medium to research and seek the correct information before making purchasing decisions – it feels bad to look back and wonder if the last cool gadget review I read was paid for? I trust some of these reviewers and treat their knowledge and opinions as gospel when it comes to technology. I feel they have the know-how and they can help me make better choices…now I am not so sure.
When I look at the larger picture I feel this new FTC law (not sure how effective it is going to be and how many people will actually add such disclaimers to their paid for posts/reviews) might just be able to restore some amount of honesty in the way we function both as marketers and bloggers.
I see that as a consumer I will be more skeptical of taking a review on face value if it comes attached with a disclaimer of being paid for in cash or kind or having any association with the seller. The review might be very critical in its approach but still, I will probably take it with a pinch of salt.
I think I will search further for unbiased opinions and take them more seriously even if the blogger is less influential and less known than the more popular ones I used to follow.
If as a customer, my reactions are such, as a marketer I will have to make a Choice.
Choice between a blog post which shows it is paid for and one which is genuine and purely merit based.
More than money I would like to depend on the qualities of my client’s offerings when pitching to a blogger, to ensure he posts a review which is genuine and not influenced by the lure of an incentive. Because only these unbiased posts might now bring my client real value and real customers.
There is another change I am hoping to see as a fall out of this law – Blogging will hopefully go back to being what it was – sharing a truthful relationship with your readers. The top bloggers will have to give up on the lure of incentives if they want to maintain their supremacy and personal credibility among their followers and the social mediaspere. Marketers will have to follow suite, for now – they will have customers who will know if a post is a genuine review or a paid endorsement.
Moreover, it’s not just blogging, other social media channels will soon and should see such regulations in the near future. Today we know that influential tweeters on twitter are getting paid huge sums of money for tweets that endorse a product, service or person. And if they do not disclose, their one of the many ‘must try’ tweet was paid for heftily…..they have actually cheated those who made them this influential.
Personally, I see this law as the system’s way of pushing back a trend which was trying to ruin the very foundation of Social Media – TRUST.
Update: December 3 – 6:10 pm
Adding the Google point on this new law -
Google’s Matt Cutts in a conversation with Jeff Jarvis said, “As a Google engineer who has seen the damage done by fake blogs, sock puppets, and endless scams on the internet, I’m happy to take the opposite position: I think the FTC guidelines will make the web more useful and more trustworthy for consumers. Consumers don’t want to be shilled and they don’t want payola; they want a web that they can trust. The FTC guidelines just say that material connections should be disclosed. From having dealt with these issues over several years, I believe that will be a good thing for the web.”
