FTC To Go After Bloggers That Make False Claims

Photo of Noel Sheppard.

In today's "Truly Delicious Irony" segment, the Federal Trade Commission, just months after so-called journalists decided who should win a presidential primary and subsequent election, is going to begin going after bloggers who make false claims about products and/or don't fully disclose conflicts of interest.

Imagine that.

As reported by the Associated Press Sunday:

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New guidelines, expected to be approved late this summer with possible modifications, would clarify that the agency can go after bloggers — as well as the companies that compensate them — for any false claims or failure to disclose conflicts of interest.

It would be the first time the FTC tries to patrol systematically what bloggers say and do online. The common practice of posting a graphical ad or a link to an online retailer — and getting commissions for any sales from it — would be enough to trigger oversight.

"If you walk into a department store, you know the (sales) clerk is a clerk," said Rich Cleland, assistant director in the FTC's division of advertising practices. "Online, if you think that somebody is providing you with independent advice and ... they have an economic motive for what they're saying, that's information a consumer should know."

Shouldn't the same standard apply to journalists reporting the news? If the FTC is concerned about the motives of bloggers, then what about a reporter's agenda when sharing the events of the day? Shouldn't the reader or viewer be made aware of that as well?

That asked, try to keep a straight face as you read the following:

As blogging rises in importance and sophistication, it has taken on characteristics of community journalism — but without consensus on the types of ethical practices typically found in traditional media.

Journalists who work for newspapers and broadcasters are held accountable by their employers, and they generally cannot receive payments from marketers and must return free products after they finish reviewing them.

Ethical practices typically found in traditional media? Journalists who work for newspapers and broadcasters are held accountable by their employers?

Really? On what planet?

That asked, might I suggest that as the FTC begins monitoring bloggers for undisclosed conflicts of interest they start doing the same thing to the traditional media outlets that have thoroughly abdicated any journalistic integrity the past few years.

—Noel Sheppard is the Associate Editor of NewsBusters. Follow him at Facebook and Twitter.


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And so it begins.  Who

And so it begins. 

Who needs the fairness doctrine when you can whip up these sorts of legal contortions to suppress dissent?

When the left dissents, it's patriotic.  When anyone else dissents, it's subject to regulation.

It Doesn't have to be right to be protected speech

Well socialists want control, liberty is an annoyance.  This one comes awfully close to trashing the first amendment. Opinion, even if wrong, is protected speech.

The quote in the article, describing alleged journalistic controls is enough to say that the blogging is protected speech. It doesn't have to be right to be protected.

 

Who is going to be the

Who is going to be the judge on whether or not your claims are false? 

"DumbAssity of Dope"

Beware Huffington Post

The FTC is going after bloggers who don't tell the truth.  A few bloggers at the Huff Post may have to worry.

Breaking a Revenue Stream too

The other problem with this is that many retailers such as Amazon.com allow you to be "affiliants" where you earn a commission on sales. This could essentially break the revenue stream.

 As a professional journalist AND now a blogger at times I know there is little fact checking with blogs. And this includes the endless array of tech blogs. Reviewers often get products to try out and keep for free, and those that just give rave reviews about everything fall by the wayside, and the real review sites thrive.

An example, as a journalist who covers some consumer electronics I personally think Bose products are awful. You're paying for their marketing. But I see my fellow writers swoon over it, mostly because they haven't really tested the products. This happens just as much in the mainstream press. But ask a true audiophile and most will say, "Bose is seriously lacking."

Same with that Ionic Breeze product. It was awful, and Sharper Image sued companies that wrote bad things about it. Sharper Image sued Consumer Reports! I mean who has the nerve (balls) to sue Consumer Reports?

So this is surely yet another dumb move. Will it make the blogs more honest? Probably not. It will just hurt a few bloggers. 

 

 

 

Sadly for the FTC

the founders new speech should be  a protected right. Should "licensed" journalists have more rights than the rest of us?

Remember...

When Obama was talking about not  passing the fairness doctrine?  This is why it was far too soon to breathe as sigh of relief.  He's just going to use other agencies to to stifle free speech.  Think of the sabo shot accross the bough of General Mills.  That was just a stunt to have an excuse to try to regulate all forms of media using different big government bureaucracies.  Don't let your guard down folks!

“It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds”

Samuel Adams

Hmmmmmmmmm

Seems like a back door to police online political dissent.

This has a nasty smell to it. Like the firing of the IGs. Anyone not on board with team Obeyme is up for some investigation.

I don't like the sound of

I don't like the sound of it.  Leave it to the Federal Government to want and screw up the internet.

We are in the Outer

We are in the Outer Limits.  I wonder if the blogs are selective getting the Black Panther/Acorn treatment?  Brownshirts night of the long knives, teh first to go FNC blogs.

Dan teh man 2 ,I grew up with this

version

We need to not worry, Reagan can make a joke about the age of 0bama  and GM.

 

Reagan VS Carter and 0bama

Sooo glad that Big Brother

Sooo glad that Big Brother is finally looking out for us.

Why the heck are they so worried about what goes on in the internet (I actually know the answer to that one-merely rhetorical here).

How about going after the scam artists on TV.  I know we shouldn't feel sorry for people that get taken in, caveat emptor and all that, but face it...either they aren't the brightest bulbs in the pack, are elderly, or have personal life issues that make them fall for crap they normally wouldn't.

The PTB for ages have, all the way from the police officer on the beat on up, have managed to make up their own laws or stretch actual ones according to their personal whims and moods...but when it comes to rip-off artists they just shrug their shoulders and say they can't really do anything.

One of the 34% who thinks George W. Bush was a great President. One of the 61% who wants to bring back the stock and pillory (yep...approval for Congress now at 39%...do you believe that!?).

I wonder if all blogs will

I wonder if all blogs will get equal scruteny... like the Daily Kos for instance.

are you kidding me?

the Daily KOS will most likely be a sounding board to turn in everybody else, like those couple of snitches in a WWII POW camp

 

 

there is no spoon...

Well there is one glimmer of hope here,

From what I read in this blog, it only applies products. As long as we stick to the picking apart the news and the policies of the SLObama, then we have nothing to worry about. Since neither the MSM or SLObama has ever produced anything of any real value, there is nothing there to bash or misrepresent 

 

there is no spoon...

From what I read it was if

From what I read it was if the provider was advertising something; like this one with its advertisements.  If the FCC finds "false" statements or such then they can prosecute for fraud.  It is a stretch.

Will NB be providing the FTC

Will NB be providing the FTC with our "list"?

Truth not an absolute defense in libel

Here's a case that didn't get much attention but shows where all this is heading. We've got some real challenges ahead.

The headline of this article is "Truth not an absolute defense in libel"

http://www.businessinsurance.com/apps/pbcs.dll/article?AID=9999100027296 

Here are the lead paragraphs.

Dozens of media firms are questioning a federal appeals court ruling that concluded truth is not an absolute defense against libel in a case concerning an e-mail sent in the firing of an office products salesman.

Fifty-one news organizations last week sought a rehearing of a 1st U.S. Circuit Court of Appeals decision that relied on a 1902 Massachusetts law that says truthful statements can be libelous if there also is malicious intent.

Continue reading if you want to have nightmares.

Hey Noel, I'm glad the FTC is to waste all its assets on Blogs

Just kidding.

Don't these kids have any other toys to play with?  I used to tell my daughter when she was little; "OK, find another game to play now."

Let's see, meanwhile back at the FTC.  "Gee, we are out of legitimate work and anyway, we seem to get in trouble looking at real issues because we've proven we can't really catch fraud before it ruins about a million people."

"Yeh, fraud is sooo hard to prove anyway.  After all, what is fraud?  It depends on the amounts being defrauded, monitary amounts define civil versus criminal fraud, right?"

"OK, since all you guys spend most of your time here in Washington and the rest of our offices blogging on Union issues over the Internet anyway, let's figure out something we can do 'officially' that will excuse everyone from anything else."

"I've got an idea!  Let's regulate fraud on the Internet, not real fraud like fake credit card companies or sales of swampland to Grannies drooling over their wheelchairs; I'm talking about the big one here.

"Blogs....."

"Great idea.  I'll get the legal department to work out a rationale and get the PIO to put together a kit for announcement."

"Good meeting,  Did I miss anything?  I was texting my intern about dinner and a show after work?"

ACA 

...

Quoted from: 'Acaiguana notes from the Underground' (Soon to be at theaters near you)

Fascist Trade Commission

Next thing we know the Fascist Trade Commission will take Twitter away from Iranians.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the FREEDOM of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Becoming Canada?

This is a very dangerous trend. I have to wonder if America will look more like Canada in a couple of years. It's a very small step from consumer products to healthcare products for example, or the 'product' of a political campaign.

Let me ask you a very

Let me ask you a very simple question. Have you ever been to Canada? You make it sound like hell on earth!

I have a summer cottage, a retirement plan and free health care. God it's awful here!

Canada sound perfect!

Canada sound perfect! Unless you happen to be an individual who believes in earning your own keep and not suckling off the nipple of your neighbors wife.

P.S. I too had a retirement plan. I retired 12 years ago at 36 through hard work and steady planning. 

What on earth are you

What on earth are you talking about? I worked since I was 16. Everyone here works hard. Are you under the impression that Canadians don't work..seriously?

mandrake

mandrake,

I'm a Canada fan, too. Used to spend summers in Toronto playing hockey. Have been through Calgary, Banff, Jasper. Love it. Canadian side of Niagara Falls is amazing.  ns

Thanks NS

I just don't get why some folks south of the border have such a hate on for Canada. Ok, if you dislike our 'socialized' health care system, fine I understand..then don't do it. But it's worked for me.

Huh!?

Who said they "hate" Canada, or Canadians for that matter. I just don't find utopia in government systems. Most folks here believe that we are a capitalistic system, not true. In the USA we have a quasi socialist/capitalist state that is tolling the bell for our collapse. Our government has always been too busy grabbing at individual wealth for us to have ever been a 100% capitalistic society.

Granted I didn't read all

Granted I didn't read all the posts, but what I have here, I didn't see where anybody said they hated Cananda...

We sure don't...been there many times...have friends that live in Canada.

Many come here daily you see on the road...many.

Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart

Not at all.

However, not many nations can touch the output of the USA ... unless we assist them. For the record, I landed my first official job as a paperboy when I was 9 years old. 

A cheap lawyer’s argument

Better to investigate the FTC to determine if a supposedly apolitical agency has a political agenda. These proposed guidelines should be exhibit A.

Reminds me of what an Iranian commentator said yesterday. When they take away your voice you have nothing left.

KISS THE FIRST AMENDMENT GOODBYE.

Bloggers are regular folks expressing their opinion like every other American.

The FTC's outrageous decision is nothing less than the 'Fairness Doctrine' for the Internet.

This is pure intimidation and suppression that cannot be allowed to stand.

Nationalized Healthcare is a DEATH SENTENCE.

FTC to go after Bloggers that tell lies?????

Barak Obama is a wonderful human being whose rise to the presidency was the will of the people. He is as honest as the day is long, and spends every waking moment looking out for the wellbeing of the American People....

 

Now I have to go into hiding, because the FTC will be after me for lying.......

thats the only lie

thats the only lie that is accepted, those lies that make 0bama look good... 

 

there is no spoon...

honestly

Yeah thats ridiculous... ethical media... accountability of reporters... lies.

www.endthebias.com