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Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
Will Government regulations derail native advertising
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Will Government regulations derail native advertising

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Will Government regulations derail native advertising presentation at the Native Advertising Summit

Will Government regulations derail native advertising presentation at the Native Advertising Summit

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  • 1. 7/10/2014 1 LMA / BIA Kelsey Native Advertising Summit July 9 2014July 9, 2014 ISN’T THIS A NEW ISSUE?ISSUE? NO! Will Government Regulators Derail Native Advertising?
  • 2. 7/10/2014 2 FTC has always been concerned about “blurred lines” between advertisements and editorial contentbetween advertisements and editorial content Uses enforcement authority under Section 5 of the Federal Trade Commission Act Will Government Regulators Derail Native Advertising?
  • 3. 7/10/2014 3 What is a deceptive act or practice? FTC Deception Policy Statement, 103 F.T.C. 110, 174 (1984) It’s likely to mislead consumers Who are acting reasonably under the circumstances, and It would be material to their decision to buy or use the product. FTC Advisory Opinion on ads in news format 73. F.T.C 1307 (1968) Will Government Regulators Derail Native Advertising?
  • 4. 7/10/2014 4 FTC targets 10 operators of fake news sites for making deceptive claims about acai berry weight loss (Apr. 19, 2011)  C i h ld “ id l f t t th t FTC’s Bureau of Consumer Protection Letter to Search Engines (June 2013)  Companies should “consider several factors to ensure that any labels and visual cues used are sufficiently noticeable and understandable to consumers.” Will Government Regulators Derail Native Advertising?
  • 5. 7/10/2014 5 Federal Trade Commission Workshop December 2013 Agency wanted to highlight the need for transparency for the consumer  What the FTC heard? Transparency maintains trust for the publisher and the brand There should not be a prescribed method for identifying native advertising Industry will develop best practicesIndustry will develop best practices Self-regulation in publishing industry Interactive Advertising Bureau Use language that conveys advertising has been paid forUse language that conveys advertising has been paid for Be large and visible for consumer to notice American Society of Magazine Editors Should be prominently labeled as advertising Source of content should be acknowledged Should include prominent statement or “What’s This?” rollover at the top of the ad unit Newspaper Association of America NAA / API worked with FTC prior to workshop “Whit P ” t ti f i i t f“White Paper” on tactics for increasing transparency for the consumer Will Government Regulators Derail Native Advertising?
  • 6. 7/10/2014 6 Examples of increased transparency around native advertising Publisher Branding  Some publishers have formal sponsored content programs, sometimes with a dedicated department or assigned staff. Will Government Regulators Derail Native Advertising?
  • 7. 7/10/2014 7 Textual Disclosure  Many newspapers use textual disclosures to label content that is paid for by an advertiser. Advertiser Logo  Several publications use the advertiser’s logo to create greater transparency for the consumer. Will Government Regulators Derail Native Advertising?
  • 8. 7/10/2014 8 Bold Coloring  Several publications use coloring effects to offset the sponsored content from the original content to provide transparency for the consumer. Shading  Some publishers use shading to offset their sponsored content from the rest of their editorial content. Will Government Regulators Derail Native Advertising?
  • 9. 7/10/2014 9 FTC looking for the industry to do the right thing Resources  American Press Institute, “Understanding the Rise of Sponsored Content” (Nov. 2013), available at: http://www.americanpressinstitute.org/publications/reports/white- papers/understanding-rise-sponsored-content/  Federal Trade Commission, “Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising” (Dec 4 2013) available at:Workshop on Native Advertising” (Dec. 4, 2013), available at: http://www.ftc.gov/news-events/events-calendar/2013/12/blurred-lines- advertising-or-content-ftc-workshop-native  “IAB Native Advertising Playbook” (Dec.4, 2013), available at: http://www.iab.net/nativeadvertising  “ASME Guidelines for Editors and Publishers” (May 2014), available at: http://www.magazine.org/asme/editorial-guidelines Will Government Regulators Derail Native Advertising?
  • 10. 7/10/2014 10 Questions? Contact: Paul Boyle, NAA Senior VP/ Public Policy Paul.Boyle@naa.org 571-366-1150 Will Government Regulators Derail Native Advertising?

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