Are you participating in an affiliate program (being paid for links/clicks to another website)?
Did you receive a free product to review and give cyber-love?
Were you sent goodies to host a free party for your friends and blogged about it?
If so, let’s make sure that you are super-clear on your legal obligations as a rockstar blogger. Reality check. You are now an advertiser and FTC rules apply. In all of the situations above you must disclose your relationship.
If not, both you and the brand are at risk of being sued by the FTC.
The FTC mandates that your disclosures are “clear and conspicuous.” Your disclosure must be prominently placed and written in plain language. Here is the legal playbook for cross-checking your disclosures:
● Place the disclosure above the related blog post, instead of buried in a by-line, terms of use/service, or about page. If the post is lengthy, repeat it at the bottom as well. The rule of thumb is that your disclosures should be immediately visible every time you make a claim about a product.
● Disclosures should be in a font size, color and/or graphic that are clearly visible given the overall design and layout of your blog.
● The FTC rules still apply even when posting on Facebook, Twitter, Instagram, Pinterest, Vine or another social network. Use #AD or #SPONSORED as a short-form disclosure for character limitations.
● Depending on the extent of the endorsement, sponsored post, etc., a longer disclosure may be necessary. You may use a hyperlink to lead to additional details of the disclosure on a separate page. Make the link obvious with highlighting, a different text color and a label.
● Display disclosures immediately before shopping carts or buy now buttons.
Review the full FTC .com rules here…
Lastly, when you have a new brand opportunity find out your responsibility as it pertains to:
● The specific hashtags to be used. Some brands have suggested #SPON posts when it is questionable whether this sufficiently conveys to your followers that your post is an advertisement. Don’t be afraid to use your judgement, ask if a variation is acceptable, and document your communication.
● The brand’s specific disclosure language. The brand should provide it to you, but if not…ask. The brand will value working with a responsible blogger and dotting your i’s and crossing t’s will keep everyone out of legal trouble.
Do you have brand experience? What tips do you want to share with others?
This post is a part of the iBlog legal series. Read the rest of the series here.