advertising laws & regulations in content discovery
TRANSCRIPT
HOW I FOUGHT THE LAW AND THE LAW GAVE ME A HUGE FINE.
NICE TO MEET YOU! Shelly PaioffDeputy General Counsel & Head of Legal, US, Taboola
Adam ChenGlobal Policy Manager, Taboola
Jason KesslerGlobal Content Policy, Taboola
TRADITIONAL ADVERTISING
BRANDED ENTERTAINMENT
CONTENT DISCOVERY
How does the new space of content discovery fall under traditional advertising laws?
ADVERTISING ECOSYSTEM
PUBLISHERS – Promotion of content through content discovery is a form of advertising. It needs to be disclosed to users that it is sponsored content. But we’ll get into more later…
MEDIA PARTNERS (ADVERTISERS) – In the content discovery ecosystem with publishers, brands, and performance marketers, brands and performance marketers are promoting a product or service, and more laws and regulations apply to them. Publishers have more protections.
We’ll get to the stuff that applies to brands and performance marketers in a bit…
WHAT IS ADVERTISING?And what does advertising law cover?
NO DECEPTION
THE GOLDEN RULE
Although content-discovery widgets recommend content, the widget itself is treated as a form of advertising under applicable laws and regulations.
Recommended Disclosures: • Content is sponsored• Who are the sponsors
WHAT YOU NEED TO KNOW AS A PUBLISHER
PUBLISHERS Proper Disclosures
PUBLISHERS Proper Disclosures
On content discovery platforms, brands and performance marketers are treated differently than publishers.
• More laws and regulations apply to brands and performance marketers.
Rule for Brands and Performance Marketers: AVOID FALSE ADVERTISING
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
Fake Product Claims Key Question: Can the claims about the product I make be substantiated?
Common Fake Product Claims: • Impossible weight claims – FTC’s “gut check” reference guide
provides guidance on what claims are proper and what claims are not okay.
• Impossible health claims – Claims that a product will cure, treat, or prevent a disease that is not FDA approved will run into problems.
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
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Deceptive Practices
Common deceptive practices: • Fake news• Not disclosing costs up front• False sense of urgency
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
Tips For Affiliate Advertisers
• Make accurate product claims – Use only the product claims the company makes.
• Use the before/after photos that are provided to you.
WHAT YOU NEED TO KNOW AS A MEDIA PARTNER
Why is this important?
• Avoid potential lawsuits and regulatory action.• Ensure high-quality content.• Publishers – Preserve consumer perception of your brand or
site.• Advertisers – Keep the industry honest.
WRAPPING THINGS UP