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FTC To Monitor Blogs For Paid Claims & Reviews 129

PL/SQL Guy writes "Many bloggers have accepted perks such as free laptops, trips to Europe, $500 gift cards or even thousands of dollars for a 200-word post. Bloggers vary in how they disclose such freebies, if they do so at all. But now the Federal Trade Commission is paying attention. New guidelines, expected to be approved late this summer with possible modifications, would clarify that the agency can go after bloggers — as well as the companies that compensate them — for any false claims or failure to disclose conflicts of interest. Bloggers complain that with FTC oversight, they'd be too worried about innocent posts getting them in trouble, because the common practice of posting a graphical ad or a link to an online retailer — and possibly getting commissions for any sales from it — would be enough to trigger oversight."
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FTC To Monitor Blogs For Paid Claims & Reviews

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  • stop crying (Score:5, Insightful)

    by Tom ( 822 ) on Monday June 22, 2009 @11:58AM (#28423459) Homepage Journal

    You wanted to replace the "old media", now stop crying. With power comes responsibility.

  • by jadavis ( 473492 ) on Monday June 22, 2009 @12:00PM (#28423503)

    for any false claims or failure to disclose conflicts of interest

    Since when is disclosing a conflict of interest a legal requirement? Ethical, of course. But a legal requirement? Aren't people free to express their opinions regardless of what their motivations might be?

  • by Old97 ( 1341297 ) on Monday June 22, 2009 @12:02PM (#28423545)
    I don't know why anyone believes what is written in a blog without first checking it out. They're opinions given without any standards - professional, ethical or otherwise that apply. On the other hand, people do tend to believe whatever is communicated in any medium - talk radio, television, the internet so I suppose requiring full disclosure or potential conflicts of interest is necessary. So when will the FTC require all broadcast journalists and commentators to disclose their sources of income?
  • The IRS is next. (Score:1, Insightful)

    by Anonymous Coward on Monday June 22, 2009 @12:03PM (#28423565)

    Havent been declaring all those 'free' gifts on your taxes have you mister blogger...

  • by realcoolguy425 ( 587426 ) on Monday June 22, 2009 @12:07PM (#28423635)
    Get used to it. We have a Gov't now that will look for any loose scrap of spare change, and will be will to shake you by the ankles to find it. I find it relatively despicable, but not in any way surprising. Maybe if the Gov't took more of an interest in not impeding the trade of goods and services to the degree it does, high taxes, over-regulation [literally picking winners and losers, and running companies themselves at this point] that maybe, just maybe the recession we're in wouldn't be nearly as bad. That maybe we'd have a market where I can find work that actually relates to my 2 year degree, instead of just picking up the 'anything that is available' kind of work that I am doing now.

    I'm not laying this on Obama in any way. We've been on this path of gov't overspending, and over-intervening for awhile now. Although Obama looks to maybe take these things to a whole new level, and he does have support in congress to do so. I just find it interesting that they're going after things that are quite small, and will end up investing likely more resources than they get out of it.

  • by 8127972 ( 73495 ) on Monday June 22, 2009 @12:13PM (#28423731)

    Good luck with that.

    There's no chance that this would ever work and the only people they would catch are the most blatant offenders. One other thing that springs to mind, what about blogs run by people outside the US. Does it affect them if they write a review about a US company?

  • by rodrigoandrade ( 713371 ) on Monday June 22, 2009 @12:14PM (#28423747)
    Sites created by people like you and me, who happen to have a lot of free time in their hands, and like to do something useful with it instead of reading/posting to /. Everyone is entitled to his/her own opinion, and NO blog should be seen as an authority on anything.

    If a blog gives too glowing reviews of whatever product, try to corroborate the opinion by reading another blog, or product review.

    As for TFA, goodluckwiththat.
  • by jadavis ( 473492 ) on Monday June 22, 2009 @12:15PM (#28423765)

    so I suppose requiring full disclosure or potential conflicts of interest is necessary

    It is? It has not been a legal requirement before, as far as I know.

    What is worst thing that can possibly happen if we don't pass new laws? People might take bad advice from someone they never should have trusted in the first place, and buy overpriced consumer crap that they don't need, and maybe be disappointed with it.

    What's the worst thing that can possibly happen if we do pass new laws? People's legitimate opinions may be silenced on the mere accusation that they aren't disclosing everything that they should. A lot of these bloggers have very little keeping them going aside from personal interest, so even if they are doing everything 100% ethically, an offhand accusation and a letter from a government agency will shut them up quickly. How long before these new laws are applied to public policy opinions, and they can silence underfunded opposition?

  • Re:It's Simple (Score:5, Insightful)

    by jadavis ( 473492 ) on Monday June 22, 2009 @12:25PM (#28423919)

    Full disclosure is a common practice elsewhere and doesn't result in the negative consequences TFA claims people are worried about.

    It's not a legally requirement though, is it? Just because something is ethical does not mean it should be made into law.

    The problem is that you're increasing the stakes for everyone that writes opinion blogs. Before, they just had to avoid libel, inciting violence, and other blatantly illegal speech. Now, rival bloggers can stir up suspicion about your blog, complain to the FTC (and maybe get their readers to join in), and then the FTC might sue.

    Keep in mind that the FTC files civil suits, which mean that they don't have to have probable cause. They don't need search warrants, because they can just force you to turn things over during "discovery". By the time they realize that you're doing everything legally, you might be out a lot of money in legal fees.

    Who wants to be exposed to that kind of risk if they are making peanuts and just doing it out of interest? They will be afraid to make enemies with rival blogs, and just stick to bland observations that don't challenge the opinions of anyone else.

  • Re:stop crying (Score:0, Insightful)

    by Anonymous Coward on Monday June 22, 2009 @12:34PM (#28424101)

    "Ok, do members of the old media have to disclose all their potential conflicts of interest? Do they face penalties if they don't?"

    To state the obvious, yes.

  • by shellster_dude ( 1261444 ) on Monday June 22, 2009 @12:40PM (#28424211)
    When has there ever been any expectation of reliability or accuracy in blogs? If I want to accept kickbacks and from someone and write my heart out about how wonderful they are, that is my own business. No one should ever take a blog at face value. If they do, they deserve to be duped. I can only see this making any kind of sense, if the blogs in question purport to be legitimate and fact based.
  • Re:Yes, they do (Score:3, Insightful)

    by Reality Master 201 ( 578873 ) on Monday June 22, 2009 @12:44PM (#28424261) Journal

    Yes, though that's rather specific to the financial industry. The securities market is more (though not nearly enough, apparently) heavily regulated than commerce at large.

    Since this is the FTC and not the FEC, it doesn't seem to be as narrowly limited to a particular arena of business. Also, I don't know that similar penalties to the ones that are supposedly to be imposed on bloggers are in place for newspapers, broadcasters, etc.

  • by dkleinsc ( 563838 ) on Monday June 22, 2009 @01:00PM (#28424531) Homepage

    I don't know why anyone believes what is written in a blog without first checking it out.

    See, the problem is that the people you know are the minority that aren't complete idiots.

  • Re:It's Simple (Score:5, Insightful)

    by DragonWriter ( 970822 ) on Monday June 22, 2009 @01:19PM (#28424867)

    The problem is that you're increasing the stakes for everyone that writes opinion blogs.

    So, you are creating a new barrier to entry to a new market which is currently providing serious competition for an existing market (traditional media) in which there are stong structural barriers to entry already, thus restoring the status quo ante in which the few masters of that established market are secure against much substantial new competition.

    Are you sure that's a problem, rather than the purpose?

  • by Mr_eX9 ( 800448 ) on Monday June 22, 2009 @01:24PM (#28424949) Homepage
    Not if you believe that consumers should be protected from misleading information.
  • Internet veracity (Score:3, Insightful)

    by dontmakemethink ( 1186169 ) on Monday June 22, 2009 @01:29PM (#28425033)
    We must protect at all costs the reliability of information online! Imagine if you had to question the veracity of everything you read! I wouldn't have the first clue what to buy!
  • Re:stop crying (Score:3, Insightful)

    by Reality Master 201 ( 578873 ) on Monday June 22, 2009 @01:58PM (#28425585) Journal

    This is not obvious. It's the case (as another poster notes) for financial commentary because it has implications in the securities markets.

    I don't know if it's the case or not for other topics/genres of media that they're subject to the kinds of regulation that are supposedly being proposed here.

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