Linked by Kroc Camen on Tue 6th Oct 2009 09:10 UTC
Legal "US regulators will for the first time crack down on bloggers who fail to disclose fees or freebies they get from companies for reviewing products. The Federal Trade Commission, decided to update its nearly 30 year old guidelines to clarify the law for the vast world of blogging. Offenders could face eventual fines of up to $11,000 (GBP 6,900) per violation."
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Complete Crap
by asupcb on Tue 6th Oct 2009 13:41 UTC
asupcb
Member since:
2005-11-10

This is completely stupid. How are you they going to enforce this rule when many people online are anonymous or use pseudonyms? Also, isn't this a restriction on free speech?

Reply Score: 2

RE: Complete Crap
by JLF65 on Tue 6th Oct 2009 16:39 in reply to "Complete Crap"
JLF65 Member since:
2005-07-06

This is completely stupid. How are you they going to enforce this rule when many people online are anonymous or use pseudonyms? Also, isn't this a restriction on free speech?


Business speech is not and never has been protected. It's considered not a form of free speech. If you're trying to sell a product, you can't just say anything and claim 1st amendment protection.

But the part about anonymous bloggers is definitely a problem.

Reply Parent Score: 2

RE[2]: Complete Crap
by Kochise on Tue 6th Oct 2009 18:22 in reply to "RE: Complete Crap"
Kochise Member since:
2006-03-03

"Business speech is not and never has been protected. It's considered not a form of free speech. If you're trying to sell a product, you can't just say anything and claim 1st amendment protection."

So I can say "This is GREAT product" (subjective taste) but not "This is SHIT product" (subjective taste either) ? I bet the reader can make up his/her mind about the opinion of the reviewer, doesn't s/he ?

Kochise

Reply Parent Score: 1

People abused the privilege ...
by Moulinneuf on Tue 6th Oct 2009 18:07 in reply to "Complete Crap"
Moulinneuf Member since:
2005-07-06

It take 5 seconds to track an IP to an ISP to the owner of an internet account. Or they could be coming from the company themself with the list of people who got paid and they where sued for false advertising and in order for the court to diminish their punishment ( fines , jail times , community service ) they rat out the name of the blogger they sent equipment to and paid them ( they track paypal or bank account or credit system ) for reviews ... As long as you mark it as a paid review your in the clear btw.

Also in the USofA, Free speech and laws don't apply to anonymous who don't use their real names. Your considered one step from terrorist.

Free Speech is about real people using there real name to make a statements and not fear any repercussion for it. It's not about anonymous using pseudonym to insult , libel and slander others without any consequences.

Reply Parent Score: 2

RE: Complete Crap
by boldingd on Tue 6th Oct 2009 19:10 in reply to "Complete Crap"
boldingd Member since:
2009-02-19

Not necessarily; I don't know if it matters, but they're not actually restricting what can be said in the blog, they're just requiring that you have to disclose any potential influences or conflicts of interest. You can still claim that your iPhone cures cancer, you just have to disclose that Apple is paying you $150,000. That might be the difference between the law just being "kinda squirrely" and it actually posing a constitutionality issue.

Reply Parent Score: 1

RE[2]: Complete Crap
by judgen on Tue 6th Oct 2009 20:28 in reply to "RE: Complete Crap"
judgen Member since:
2006-07-12

What if you used a technology to develop (sucessfully) a cure for cancer. Can you then claim it (the device in question) helped cure cancer or would that still be wrong?

Reply Parent Score: 2