Advertising Laws & Regulations in Content Discovery
Transcript of Advertising Laws & Regulations in Content Discovery
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HOW I FOUGHT THE LAW AND THE LAW GAVE ME A HUGE FINE.
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NICE TO MEET YOU! Shelly PaioffDeputy General Counsel & Head of Legal, US, Taboola
Adam ChenGlobal Policy Manager, Taboola
Jason KesslerGlobal Content Policy, Taboola
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TRADITIONAL ADVERTISING
BRANDED ENTERTAINMENT
CONTENT DISCOVERY
How does the new space of content discovery fall under traditional advertising laws?
ADVERTISING ECOSYSTEM
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PUBLISHERS – Promotion of content through content discovery is a form of advertising. It needs to be disclosed to users that it is sponsored content. But we’ll get into more later…
MEDIA PARTNERS (ADVERTISERS) – In the content discovery ecosystem with publishers, brands, and performance marketers, brands and performance marketers are promoting a product or service, and more laws and regulations apply to them. Publishers have more protections.
We’ll get to the stuff that applies to brands and performance marketers in a bit…
WHAT IS ADVERTISING?And what does advertising law cover?
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NO DECEPTION
THE GOLDEN RULE
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Although content-discovery widgets recommend content, the widget itself is treated as a form of advertising under applicable laws and regulations.
Recommended Disclosures: • Content is sponsored• Who are the sponsors
WHAT YOU NEED TO KNOW AS A PUBLISHER
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PUBLISHERS Proper Disclosures
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PUBLISHERS Proper Disclosures
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On content discovery platforms, brands and performance marketers are treated differently than publishers.
• More laws and regulations apply to brands and performance marketers.
Rule for Brands and Performance Marketers: AVOID FALSE ADVERTISING
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
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Fake Product Claims Key Question: Can the claims about the product I make be substantiated?
Common Fake Product Claims: • Impossible weight claims – FTC’s “gut check” reference guide
provides guidance on what claims are proper and what claims are not okay.
• Impossible health claims – Claims that a product will cure, treat, or prevent a disease that is not FDA approved will run into problems.
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
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Deceptive Practices
Common deceptive practices: • Fake news• Not disclosing costs up front• False sense of urgency
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
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Tips For Affiliate Advertisers
• Make accurate product claims – Use only the product claims the company makes.
• Use the before/after photos that are provided to you.
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
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Why is this important?
• Avoid potential lawsuits and regulatory action.• Ensure high-quality content.• Publishers – Preserve consumer perception of your brand or
site.• Advertisers – Keep the industry honest.
WRAPPING THINGS UP