Why Is Product Placement Okay On TV Without Disclosure?
from the questions... dept
We're still wondering if the FTC is really going to go after blogs that don't disclose financial relationships concerning products they're pitching. So far, the only action the FTC has taken (publicly) has been to investigate retailer Ann Taylor for giving bloggers gift cards -- an action for which it was given a pass. In that case, it was worth noting that the focus was on the company, not the bloggers involved. However, there are still many questions about how arbitrarily the rules will be applied. Danny Sullivan is pointing out that with so much undisclosed product placement on TV, shouldn't that be a bigger concern than if a blogger mentions he or she got a free gift card before writing about a product? While I, like many people, tend to think disclosure is important for your own reputation, the ambiguity and subjectiveness of the FTC's rules is worrying. While I don't know for sure, my guess is that the FTC would say that most people already understand how TV product placement works, so they're not too bothered by it. That, at least, was the explanation an FTC person gave when questions were raised about why the FTC doesn't go after celebrities talking up products and services they were given for free... But it does seem kind of ridiculous that a celebrity is given more leeway not to disclose just because they're famous.
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Filed Under: disclosure, ftc, product placement
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Also a lot of shows are so obvious in their product placement, it's nearly a24 to 48 minute long commercial! First season of Kyle XY comes to mind.
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I do understand the concern here. Remember a few years ago when Sony essentially invented a movie reviewer? But honestly, you still need to take the First Amendment into consideration here. I have a right to say what I like about a product without having odious regulations places on what I have to disclose. If we're going to compare the freedom of speech vs. consumer protection, I have to believe the freedom of speech wins out.
To give you another real-world example. NYTs writer David Pogue wrote a review of Snow Leopard that was overly positive and some people complained that he was pushing Apple's products because he had written some books on Apple. Should he disclose that he makes more money if Apple does well because he'll sell more books?
And what about fake reviews written by the author or friends of the author that sometimes show up on Amazon? Is this also something that should be illegal? I somehow doubt it.
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Let me guess, free speech only applies to rich mainstream media venues and rich and powerful corporations but not to blogs, right?
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Of course they don't, they just think "It was much cooler when he drove an Aston Martin."
Besides as a non-USAian, I'm not clear on the demarcation here, who has jurisdiction over blogging standards, anyway? (Is the phrase "blogging standards" an oxymoron?)
As far as I know (again, not from there), the FTC only really has jurisdiction over trading standards, and so could only really look at the companies, and not the bloggers, or even a TV show with blatant product placement. That last would be under the jurisdiction of the FCC. Perhaps the two agencies should meet and discuss a consistent approach?
Anyway, I may be completely mistaken with the whole thing. It's hard enough keeping track of our own government agencies.
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If no one thought that the companys would not do product placement and just stick to do ad's in the breaks.
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Product placement
Also, product placement has been embraced as a solution to the "Tivo problem" of people skipping commercials.
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The focus should remain on the logic of we live in a world where "buyer beware" is accepted and encouraged. This is not a negative as a quality product will *generally* win out over savvy marketing. As we move towards a more connected world it becomes harder and harder to pass a crummy product off onto the marketplace. Five years ago if you told me half my purchases would be based on the ratings of perfect strangers, I would have said you were crazy! Yet I find I hit the 4 star filter on Amazon 90% of the time.
If my son runs a lawn mowing business and has mowed my lawn with precision for 10 years, am I wrong to give him a 5 star on Google? Do I need to write "*WARNING* I'm his Father so you should take that into consideration" or face being fined? What about saying I'm a Fan on Facebook? Is there even a place to disclose that within the Facebook system?
Forget the internet. Let's say I'm putting one of those cardboard signs on the lawn that says "Mowed by Smith's Mowing". Should I be required to put up a second sign disclosing my relationship with the owner?
And how far do these disclosure rules reach? Sure family is an easy target but what about friends? My wifes co-workers? What about the girl I buy coffee from? My son mows her parents lawn. Now when they put up a nice comment on the mowing companies Google profile, was it because they do good work or because I tipped their daughter a buck? Money changed hands! Disclose it or else....
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Its more of the same ...
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This.
Most people know that the things they see on TV, even if they have a brand name, don't necessarily operate or translate to the actual product.
Think of how many times you've seen a CU of a cellphone and the sponsored logo. Think about how many times being "out of service" is a major plot point in a show or movie.
Contradictory isn't it? Major advertising bucks are being spent for that 2 secs of screentime, that inadvertently bashes their product.
During DATE NIGHT information is uploaded from a flash drive to a Kindle when it doesn't have that functionality.
Do we expect the same model watch we see in James Bond to shoot laser beams. (Yes, it would be AWESOME!) But I think most of us understand, what we see in the movies isn't always what is available in real life.
There is a weird line between fantasy and reality present in TV and film. This is not true with blogs.
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This has nothing to do with what was written for a show/movie.
I haven't seen a Bond movie with any part of the script having Connery, or any other, talking about Aston Martin because they were given one.
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Small Potatoes
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