FTC Rules That Bloggers Must Disclose

[Joana]

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PHILADELPHIA -

The Federal Trade Commission will require bloggers to clearly disclose any freebies or payments they get from companies for reviewing their products.

It is the first time since 1980 that the commission has revised its guidelines on endorsements and testimonials, and the first time the rules have covered bloggers.

But the commission stopped short Monday of specifying how bloggers must disclose any conflicts of interest.

The FTC said its commissioners voted 4-0 to approve the final guidelines, which had been expected. Penalties include up to $11,000 in fines per violation.

The rules take effect Dec. 1.

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Article Source


So, apparently my discussion about whether or not it was tacky to mention if a book reviewed was a free copy or not in-post is now a moot point.

I can't help but wonder if this is retroactive. By which I mean, do I need to go back through years of posts and find every review I did where I got a book or other product for free or I was paid and edit those to make sure everything is a-o-k.

What do you think of this decision and how do you think it will affect you?

[Patricia Ramirez]

I understand why they want it done - it's like infomercials having to disclose that the people endorsing their product/service have been paid for their opinion. Keeps everything all legit and out in the open.

[Derek]

Thanks, Joana. I justed added a 16 C.F.R. Part 255 disclaimer to the sidebar of my blog.

[Linda]

I just put a general disclaimer on my blog that I hope will cover all of my reviews. Basically, I said that if I don't mention that it is a library or borrowed book, the reader can assume that I have received the book from the author, publisher, or individual publicist. You can read the entire sidebar post on Bookvisions. Is this enough to cover my - well, you know what?

[Derek]

I can't imagine that folks such as Publishers Weekly will put an individual disclaimer on every single review. They'll just have a general one. Besides, it seems the FTC is mainly interested in large-scale cash-for-reviews operations, not home-made book blogs like ours.

[pussreboots]

The FTC doesn't have the ability to levy fines. Complaints will have to be made against blogs and the blogs then taken court if an egregious violation is found. The Dear Author blog has been doing a number of posts about the new guidelines and the guidelines themselves can be found at the FTC website.

[Stacy-Deanne (Novelist)]

Hi Joana,

So THIS is why I've been seeing this on some of my favorite book review sites for the past few days! A lot of them have added the notice to their site already.

As for do I agree, I guess they want bloggers and reviewers to be truthful with how they got their books. Don't ask me, LOL. Me thinks the publishers have a hand in this. I've known for years that some review sites have done unscrupulous things under the table. Some accepted payment from author and publishers for "positive" reviews but then that's not fair to honest authors and pubs who send their books to be reviewed and have to take their reviews with a grain of salt.

It does take the freedom out of the situation though. Surely they wouldn't expect bloggers to go back to books they've already reviewed! That wouldn't make sense and they need to realize that some folks' blogs have been here for years. They couldn't possibly go back and apply this new rule to past books they've received.

I don't think it will affect authors or publishers at all but as for how it will influence blogging and reviewing, time will tell. It might not matter to some but then it might deter some folks from reviewing books. I don't know how effective this will be. Sure they have to put up the rule, but it doesn't mean the reviewers are honestly disclosing everything still. There's no way to tell.

Best Wishes!

[Jaime Huff]

Hi Stacy-Deanne,

Laws are not retroactive. Anything before December 1st is not enforceable.

Honestly, as a blogger, I don't see what the big deal is about making a disclaimer that the book came from publisher/author. For those who don't want it known, just do it in fine letter :D Isn't that what legalese is all about, the fine writing?

I have been reading a lot of blogs where they are in arms due to the IRS. That has to do more with bloggers who are receiving cars, tvs, ya know, the big ticket items. I have been scouring the IRS' website for information on that and it's come up with nothing. So I am not sure how that will play out, but personally somebody who receives $50,000 in cars and computers ought to pay the taxes on them, that's what you have to do on the Price is Right and on lotteries. It's not income tax, it's product tax. I don't know the facts yet. My tax law professor has not heard anything yet and is getting in touch with the IRS. He doesn't think books, especially ARCs, are going to matter since ARCs have a value of ZERO.

[haley mathiot]

i understand why this law was created, but it upsets me that it had to be done.

[EclecticBookWorm]

Wow....I wonder how they plan to keep track of all of these bloggers....This really makes a mess of things, doesn't it?

[Jaime Huff]

I am just adding a disclaimer to all of my reviews.

Here's a review I posted and just added a disclaimer at the bottom. Not a biggie.
http://booknerdextraordinaire.blogspot.com/2009/10/benny-and-shrimp...

[Linda]

I received an invitation to join a book review blog tour. The publisher included in the instructions a disclaimer that must be posted with the review. Interesting developments!

[Christy Pinheiro]

I think the "general disclosure" is the best way to go. Just add a text box to the top of you blog:

I do not accept money for reviews, although I do receive the books themselves at no charge from the publisher.

Done.

I wonder what Kirkus is going to do?