Comments on: New Disclosure Law for Bloggers: $11,000 Fine

By: linda

linda — Wed, 14 Oct 2009 19:05:38 +0000

It is interesting that this rule only applies to bloggers. I suspect this may move to print media. I worked for a magazine for decades and we received tons of free stuff, plus invitations and trips from PR people. We always viewed them as a source for ideas for stories and a way to keep us abreast of what was happening in the food industry. This was before twitter and facebook. There was never a guarantee that publication would result as an acceptance of an invitation. On tight editorial budgets it was a way to meet chefs and food people. If stories resulted from such contact, it was on our terms and we made the story on own. Mostly it was a way to make contacts. Lots of stuff never got published simply because there wasn’t enough space or the item wasn’t worth the space. Many story ideas were self-generated and came from non-promoted sources, where we paid for the meal or book . If it was a review, the visit was paid for and the business did not know who we were. I wonder if this ruling is liking to change the way PR functions.

By: parisbreakfasts

parisbreakfasts — Wed, 14 Oct 2009 04:50:09 +0000

I am sooooo glad I read this before running off to the Salon du Chocolat and where I will be eating a bunch of free but miniscule bites of chocolate!
I would love to know what blogger has $11,000 to shell out for crossing the line here? This is extreme nonsense. The bloggers who push stuff are obvious usually, though I have been sent books on occasion-for the most part I can’t write about them-they simply don’t apply.
There are so many more important (nonblogger) issues where attention should be paid in my humble opinion.
Ach!

By: diannejacob

diannejacob — Sun, 11 Oct 2009 01:15:43 +0000

Hi Nani, I don’t know of any list. That’s why I tried to figure out what bloggers are supposed to do.

To you and Susan, no, the same declaration about free goods is not necessary for print writers, at least not yet. As to why, see response below from me to Kathleen.

By: Farmgirl Susan

Farmgirl Susan — Sat, 10 Oct 2009 18:57:58 +0000

Sorry, I either spaced out or somehow missed your earlier post (that you link to above) about freebies, where you specifically talk about the stuff sent to magazines you worked at (very interesting). Still, I can’t imagine all the inexpensive (not to mention edible) stuff gets sent back at most magazines, and yet it’s never mentioned that it was received for free.

I understand your point about how the writers are compensated for their work by the magazine, but does a consumer who is reading the publication or blog really make that differentiation? I would guess that many people might be more inclined to ‘believe’ a big important magazine than a single blogger – and rush right out to buy the product while quite possibly never realizing (or even caring) that it was received for free. All they care about is that somebody they trust liked it.

As far as #5 in your previous post – ‘Don’t always love everything’ – I understand what you’re saying, but at the same time, I never review books (or products, for that matter, but I really don’t accept many products) I don’t like on my blog. I don’t see the point of giving space and press to something that I personally don’t care for. So all of my book reviews will be positive because basically I love books and am thrilled to be able to have a way to spread the word about ones that I love.

Okay, enough rambling. Time to go check on the sheep and donkeys (who, by the way, can’t believe they never get sent any free stuff).

By: Farmgirl Susan

Farmgirl Susan — Sat, 10 Oct 2009 18:39:02 +0000

What you’re talking about in this thread is related to what I’ve wondered about ever since I first hearing of disclosure laws for bloggers – namely, that many print publications routinely receive not only books but all sorts of products to review for free, some of which are featured in special ‘columns’ in each issue that specifically highlight new stuff.

You know they aren’t always just taking info from a press release because often times the writer will say something about having used/tried/etc the product – yet I don’t recall ever seeing any disclosures.

I understand the desire to create some sort of disclosure guidelines for bloggers, but some of this seems a little extreme to me.

By: Nani

Nani — Sat, 10 Oct 2009 17:09:14 +0000

Is there an actual list somewhere of the do’s and don’ts that we can review? I didn’t go into your links so perhaps it’s there. On reviewing books, yes that seems a hard one to hold down, since as I’m experiencing, my publisher is sending out dozens to various writers/blogs/reporters–standard in the industry.
And if it is the case, then wouldn’t the same be held to newspaper writers, etc?

By: Aleta

Aleta — Sat, 10 Oct 2009 06:06:28 +0000

It is an interesting point whether you need to say “free” in flashing lights or just note that you received something for review. Books are probably the most difficult issue. When I worked in newspapers, we considered cookbooks to be press releases. If we published a recipe, we gave the cookbook credit, which is only fair to the author. That’s different from taking a financial kickback or extra copies that can be sold for mentioning a book, which I suspect is the FCC’s interest in all this.

By: diannejacob

diannejacob — Sat, 10 Oct 2009 05:45:17 +0000

Hi Kathleen, thanks for your comment. Perhaps it’s because print reviewers are paid for their work, and the book is supposedly the property of the publication rather than that of the reviewer.

By: Kathleen Flinn

Kathleen Flinn — Sat, 10 Oct 2009 01:50:37 +0000

Thanks for the useful post. I wouldn’t be surprised that the FTC goes after a couple of high-profile bloggers now to send the message of the ruling throughout the community.

But the books thing seems a little extreme. Print reviewers don’t note whether they received a book for free; it’s sort of expected isn’t it? Still, I guess a writer could note that they “received the galley for TK from XY publisher” …

By: diannejacob

diannejacob — Sat, 10 Oct 2009 01:11:53 +0000

If you don’t write about receiving free stuff, there’s nothing to disclose.

Re attending a conference or trade show, if you endorse it in your post, you have to say you got a free pass. That’s my best guess.