The FTC, Reviews, and Freelance Writers
The Federal Trade Commission released new rules regarding advertisements and endorsements in reviewing products. These new rules go into effect on December 1.
As a freelance writer, you may review many products for blogs, magazines or other outlets. For example, I tend to review mostly books, but have also reviewed other products here at About.com Freelance Writing. This new rule affects freelance writers, and we need to be aware of it and keep an eye on it.
The FTC rule seems to specifically note that bloggers and other "word-of-mouth" agents should disclose their connection to the product. If you recieved the product for free, and gave it a positive review, it is as if you were paid for a positive review, and you would need to state that connection to your readers.
This rule gets murkier, in that it seems to give a "pass" to print publications, or at least to mostly target blogging and other "new" media, possibly insinuating that they are above reproach. In addition, much of the research I've done on the issue seems to assume that the book is also a paid advertiser on the site, which is definitely not the case in my mind.
Those who review mostly for print are lucky in that they can seek additional guidance from their editors. In addition, whether you're writing for print or digital media, always be aware of internal, publication-based rules for these things. For example, here at About.com, our editors and writing staff must follow a strict product-review policy already.
Links:
- I got most of my information from the Galley Cat blog, which broke the story yesterday.
- You're quite welcome to read the entire 81 page FTC rules here.
- Journalist Ed Champion has blessed us with a lengthy blog post about the new FTC rules and what they mean to bloggers and other product reviewers.
- TechDirt's review of the review of the FTC review rules (:)) are strengthened by its many comments, which may or may not have been "bought off" with Advanced Review Copies!
What do you think? Is this going to change the way you blog or write book reviews?
Did a video review of Gutter Brush, but I note in video that our company installs it. Maybe the aura of being truly independent reviews is gone.
or maybe you state right up front, I got this for free and I’m testing it, etc. etc.
It won’t truly be followed with any sincerity until some big internet marketer is hammered by these new rules.
The FTC really could have taken the time to distinguish between review materials and other freebies (or even outright pay.) It doesn’t change the way we do anything at my site, because we have always been zealous about disclosure, but it seems kind of silly to not officially recognize that distinction.
I am very concerned about these rules because I review books, usually in the form of advance copies. I always give my honest opinion, although obviously I realize some people don’t. I’m definitely going to be getting in touch with my editors to find out what they want me to do. Blecthhh…always one more kink to throw into things.
I have a major problem with the FTC rules. I believe in the Constitution of the United States, especially the Bill of Rights, Amendment 1. What part of “…no law” do they not understand?
Hi Allena,
If you’re reviewing an expensive product, the company typically sends you a postage-paid box so you can return the item after you’ve tried it. If it’s an inexpensive item, like a review copy of a book, the company doesn’t want you to return it. I donate many books to my local library. By the way, the publication determines the disclosure policy, not the freelance writer. The writer doesn’t just take it upon himself or herself to write at the bottom of the review, “I received a free review copy of this book.”
Valerie
Valerie, it seems you’ve repeated key info in my last two paragraphs? Are you reiterating those points for new writers? If so, well done!
Thanks for the restatement.
The first reports did not detail this. While I can see letting people know that you are paid to review something, simply getting something free does not mean the review will be positive or that you will review it at all.
I have gotten things free that I reviewed and simply panned.
So the assumption that a positive review is the result of pay is misleading for us.
Oh well, things change.
I notice that those who write book reviews for papers are not included, and most of those are told by their editors which books to review, and such.
Don’t most people realize that you have to have an advanced copy to review a new book?
Or that you have to gotten the product, software, etc from that company?
Hi Allena,
Yes, I agree with your comments. I’m just saying it in a different way for emphasis. New writers might be worried that they are not “disclosing.” I am just pointing out that editors don’t expect them to include a disclosure statement along with their review.
Valerie
thank you for that valerie!