Make sure your blogging does not land you in front of an FTC court. Image: bloomsberries/Flickr/ CC-AT-ND
Since the 1980s, the Federal Trade Commission has required paid advertisers to disclose their relationship with the company paying them. In 2009, the FTC updated these guidelines to include bloggers and other social media marketers. The issue of proper legal disclosures is incredibly important when you are working as an affiliate marketer. Ensuring that your blog, social media accounts and websites comply with FTC requirements for disclosure can save you time, money, and stress in the future.
Content that requires an FTC disclosure
The Federal Trade Commission issued a new set of recommendations regarding online content in 2009. While these guidelines are not a change to previous policy, they clarify the disclosure requirements for online content. A good rule of thumb is that if you will be possibly making any money off of your online presence, you should disclose that. Any endorsement, review or article that you might make money on requires a disclosure of some kind.
How to integrate a disclosure statement
Integrating an FTC disclosure statement can be very simple. The form and function of the disclosure depends highly on what type of website you have. Personal websites and commercial websites need to be treated differently, though both require a disclosure statement of some kind. The ultimate goal of FTC disclosure recommendations is that endorsements, marketing campaigns and advertisements are identified as such, and that customers know the marketer stands to benefit from the material.
FTC disclosures on personal websites
If you have a personal website where you run advertisements that are obviously and visually separated from the rest of the content, such as a sidebar banner advertisement, then a disclosure is likely not be required. If, on a personal blog, you occasionally write a review or post an advertisement with the rest of your content, then you need to disclose if you have received or might receive something of value in return for that content. A simple statement such as “(Company name) sent me a copy of this book, and when I read it, I…” or “(Company name) gave me a free ticket to the theme park, and…” should be plenty.
FTC disclosures on commercial websites
If you have a website where the major goal of the content is to drive traffic to an affiliate offer or advertisement, then the disclosure issue is more important. Generally, the easiest way to cover the disclosure requirement is to include a general disclosure on your website. In the footer, on a separate page of your site or in some other obvious part of your site, include a general disclaimer. A statement such as “everything on this page should be considered a paid advertisement for (company name)” may cover you.
Consulting with a lawyer
As always, if you are going to be making money or trying to make money with your website, it is prudent to consult a lawyer to ensure that you are in compliance with federal, state and local laws. Some municipalities may consider your blogging a “business activity” that would require a business license. Either way, you should make a clear and consistent effort to keep your readers informed of what you are trying to accomplish on your website.
