New Native Advertising Guides Added to BBB Code of Advertising

Rule #39

  • Do not mislead as to source of native ads
  • Where consumers would not recognize content as an ad, ensure that such content is clearly and conspicuously labeled as a “paid ad,” “paid advertisement,” “sponsored advertising content,” or similar words
  • When promoting other’s products, consider including a disclosure such as “sponsored by” or “brought to you by”
  • Maintain disclosures when native ads are republished in non-paid search results, social media, email, or other media

Facebook Sets Rules for Verified Celebrities Posting Branded Content

Example Rules Below

  • Branded content may only be posted by verified profiles
  • Must use the branded content tool to tag the featured third party product, brand, sponsor, or sweepstakes
  • Don’t include pre, mid, or post-roll ads in videos
  • Don’t include banner ads in videos or images
  • Don’t include third party products, brands, or sponsors within cover photo
  • Don’t include title cards within a video’s first three seconds
  • Don’t include graphical overlays, logos, or watermarks within a video’s first three seconds
  • Promotions, such as sweepstakes or giveaways, must be tagged using the branded content tool

Website Owners Get Ready to Re-Register a DMCA Agent

  • Websites owners are required to register a designated agent to avoid liability for infringing material posted by users
  • On December 1, 2016, a new online registration and DMCA registrant directory will go online
  • Must register as a DMCA agent by December 31, 2017
    • Even if already registered
    • If not, lose safe harbor
  • DMCA requirements to post takedown policy and properly comply with infringement claim still required

FTC Complaint Lodged Over Influencer Programs Directed to Kids

Brought by Counsel for Campaign for a Commercial Free Childhood and Center for Digital Democracy

Allegations:

  • Child-directed influencer marketing is an unfair and deceptive practice under Section 5 of the FTC Act
  • The FTC should investigate and take enforcement action against companies that are creating and distributing influencer ads
  • Videos that show children unboxing toys, tasting snacks, and incorporating branded items into their activities blur the line between content and advertising, relying on a misrepresentation that is not discernible to children
  • FTC should conclude that child-directed influencer marketing is not permitted, and to update existing policy guidance accordingly