Media Relations

Bloggers: Are You Now Legally Vulnerable?

2009-11-09T09:39:33-07:00

If you blog, the government has now recognized the power of blogging by issuing an 80+ page document you need to be aware of. On December 1, in American Fork, Utah, there will be a free seminar for local bloggers (seating limited to 25).

Why attend? Newly released Federal Trade Commission guidelines may:

1) Affect the way you advertise on your blog or in social media.

2) Require you to declare when you have been paid to blog about a product.

3) Require you to reveal when you've received free product.

4) Require certain disclaimers on your blog.

5) Make you more cautious when blogging about news, products, businesses and people.

Lunch will be provided. Register here for a FREE ticket through Eventbrite by Nov. 30. Space is limited to 25 attendees.

Full disclosure: I do PR for Bank of American Fork. This event merits space on my blog. It is designed to reach out to local bloggers, and at the end, the Bank will discuss its annual charitable event. The synergy here - bloggers come, get up to date legal information to help them with their online ventures. In return, the Bank hopes to get them to blog about its 10th annual Project Teddy Bear to benefit thousands of Utah's at-risk children.

Schedule

11:30 a.m. - noon: Lunch, bloggers introduce themselves and their blogs.

Noon - 12:30: Legal advice presented by John Rees of Callister Nebeker & McCullough

12:30 - 1:00 p.m.: Learn about Project Teddy Bear, networking

Meet Utah's New Media - Utah Mama and Today's Mama

2009-10-08T15:37:55-07:00

Two moms once pondered why there wasn't a more central information site for parenting issues and info. Today, they manage employees in Utah and have 27 licensed Websites in the U.S. This "Mommy Blog" network started with Utah Mama and moved into a more global "Today's Mama."

They have a payroll to meet, they have advertisers and you can read all about them here, on Utah Pulse or on Utah Policy Daily.

Bloggers Be Warned, Time To Be Crystal Clear About "Blogola" ....Freebies, Payments

2009-10-07T14:33:21-07:00

This is a big one. Pay attention. Bloggers...this means us too. This week the Federal Trade Commission issued new and final guidelines that reach into social media, PR and marketing. After clarification discussions with an FTC staff attorney, the Public Relations Society of America issued the following letter today. I hope it helps you in your business decision-making. Thanks PRSA!

[Email begins]

Dear Members,

The Federal Trade Commission (FTC) has issued final changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising. While advisory in nature, the new guidelines will reset standards of behavior that public relations, marketing and advertising professionals should adopt to avoid violating underlying laws against unfair competition and false advertising.

The Guide changes, as set out in the FTC's notice, make three key departures from previous guidance that could impact public relations practice:

The FTC advises that "endorsers" as well as advertisers can be held liable for false or unsubstantiated claims or for failing to disclose material connections between the parties.

The Guides no longer offer the "safe harbor" whereby testimonials can be qualified by a "results may vary" disclaimer.

Regarding endorsements, the Guides specify that celebrities should disclose relationships with advertisers.

While the FTC will approach each potential violation on a case-by-case basis, the new guidelines will impact how professionals should approach some common practice scenarios. Here are some applications of the guidelines:

Bloggers who receive cash or in-kind payment (including free products or services for review) are deemed endorsers and so must disclose material connections they share with the seller of the product or service.

Any firm that engages bloggers by paying them outright to create or influence editorial content or by supplying goods or services to them at no cost may be liable if the blogger does not disclose the relationship.

Advertisements or promotions that feature a consumer who conveys his or her experience with a product or service as "typical" should clearly disclose what results consumers can generally expect or specify how the results were unique to the individual circumstances.

If research is cited in an advertisement or promotion, any sponsorship of the research by the client or the marketer should be clearly disclosed.

Celebrities who make endorsements outside the context of traditional ads, such as on talk shows or in social media, should disclose any relationship with the advertiser or marketer.

From an ethics perspective, the new guidelines parallel key transparency principles in the PRSA Code of Ethics, as well as Professional Standards Advisory PS-9 condemning "pay for play" practices. However, for practitioners, the guidelines go beyond ethics to recommended practice to avoid legal liability. While the ethics are clear, the triggers and nature of adequate disclosure are not fixed. As I recommended in a recent PRSAY post, thorough understanding and self-regulation can help public relations professionals avoid legal repercussions.

While the guidelines are advisory in nature, failure to comply increases the risk of professionals finding themselves in violation of the law. Moreover, non-compliance can result in a communication from the FTC warning professionals against the potential offending action. If that warning is not heeded, it may be followed by a cease-and-desist order. Intentional violation of that order may result in referral to FTC enforcement, which may include civil monetary penalties.

There has been information circulating publicly on the new guidelines that is confusing and conflicting. With this notice, PRSA hopes to bring members up to date on the facts as currently understood. This information is based on FTC documents and an in-depth conversation with a Commission staff attorney. Going forward, PRSA will continue to provide you with information, clarification, case studies and interpretations as they unfold.

Best regards,

Michael Cherenson, APR

[End of email]

Utahstories.com - Meet Utah's New Media

2009-10-06T03:28:00-07:00

What do you do when you want to be a journalist, yet the world of journalism is in chaos? Like many former or laid off reporters, you can always shoot for the stars and start your own news operation. With some sweat equity, good journalism ethics and an eye for the hyper-local news no one covers anymore, you just might get a good reputation. You just might one day make enough money to live on.

Here's one story, right here in Utah.

Meet Richard Markosian, creator of Utahstories.com. "Read all about it" here.

Funny Headlines From The Columbia Journalism Review

2009-10-02T08:49:00-07:00

With my thanks to the Columbia Journalism Review. The magazine collects these great bloopers from subscribers and reporters. By the way, if you really want to see inside the news business, understand the challenges and ethical dilemmas, subscribe.

Enjoy!