Random Thoughts of Mine...

FTC Guns for Blogger Shills—and Misses

Blogger payola is risible, but the new FTC guidelines are misguided, unenforceable, and utterly useless.

by Dan Costa

The FTC released guidelines designed to crackdown on the blogger payola—the risible practice of paying people to write favorable things about your products or company. As the editor who runs the Reviews team here at PCMag.com, I thought it would be worth my time to wade through the 81-page guide of regulations. After all, the penalty could be $11,000 per violation. Near as I can tell, the regulation will require every blogger to disclose payments, gifts, and professional interests for every tweet, post, or email that supports a given company. In other words, this mess of regulations misunderstands media, creates unenforceable rules, and, quite possibly, violates our First Amendment right to free speech.

For starters, let me review how PCMag.com does business. Vendors loan us products to review. We test them. We send them back. That's pretty much it. Staff can't take cash or gifts of value from vendors—although you will be hard-pressed to find a staffer without at least a dozen 512MB USB keys filled with press releases and images. There is also a drawer full of T-shirts. Our advertising department has no say in what we write and neither do vendors. Sometimes companies are upset about what we write, but they know the deal going in.

PCMag has been in business for longer than I have, and I take lot of pride in working here. Truth be told, many of our competitors also have rigorous editorial standards. A lot of established blogs have standards that are just as high. For that matter, I know individual bloggers who are informed, scrupulous, and utterly enjoyable to read. So why is the FTC setting up different types of rules for PCMag, or indeed, why is it setting up rules at all?

The new rules extend far beyond bloggers. Facebook updates, Twitter posts, Tumblr photos, even word-of-mouth marketing can be now be regulated by the FTC. Like most people, I despise this type of covert marketing more than anything. But, at some point, I think we have to let people post, blog, tweet, and say what they want to one another. We can decide whether or not to believe them.