I feel kind of silly writing about this, considering the kind of bravery we’ve seen from the Iranian people, who have been standing up to their government against much harsher threats than anything I’d ever face. Still, I think it’s important enough to mention this story.
What some fail to realize, though, is that such reviews can be tainted: Many bloggers have accepted perks such as free laptops, trips to Europe, $500 gift cards or even thousands of dollars for a 200-word post. Bloggers vary in how they disclose such freebies, if they do so at all.
The practice has grown to the degree that the Federal Trade Commission is paying attention. New guidelines, expected to be approved late this summer with possible modifications, would clarify that the agency can go after bloggers — as well as the companies that compensate them — for any false claims or failure to disclose conflicts of interest.
It would be the first time the FTC tries to patrol systematically what bloggers say and do online. The common practice of posting a graphical ad or a link to an online retailer — and getting commissions for any sales from it — would be enough to trigger oversight.
I found that story because of this one, on Outside the Beltway. The author, James Joyner, closes the post (well, technically, he closes the update to the post) with the following statement: “If a blogger engages in payola, though, the penalty should be exposure and loss of journalistic credibility, not fines from the FTC.” I agree completely.
I’m fine with that. I believe that it’s horribly unethical to accept money from a company and then push its products without revealing that you have a financial incentive to do so. On the other hand, I don’t see much of a problem at all with talking about a book or movie and then using an affiliate link to Amazon in order to sell it (since you’re not getting paid by Amazon to promote a specific product, just to point sales their way, there’s less of an ethical issue in my mind). I have little interest in becoming an Amazon affiliate, but if this idiotic rule goes into place, I will do so and I will put a link to an Amazon product in every post I write, even if I have to stretch to do so.
The best part of this idiocy is that the rules would be selectively enforced on those of us who share our opinions online. There’s nothing to indicate that I would be subject to any penalties whatsoever if I mentioned to a friend that I really liked my dentist (even if I didn’t tell this hypothetical friend that the aforementioned dentist once sent me a gift basket for a previous referral). Nor is there any talk, as far as I can tell, of looking at government intervention in the “mainstream” media:
As blogging rises in importance and sophistication, it has taken on characteristics of community journalism — but without consensus on the types of ethical practices typically found in traditional media. Journalists who work for newspapers and broadcasters are held accountable by their employers, and they generally cannot receive payments from marketers and must return free products after they finish reviewing them. The blogosphere is quite different. “Rules are set by the individuals who create the blog,” said Lee Rainie, director of the Pew Internet and American Life Project. “Some people will accept payments and free gifts, and some people won’t. There’s no established norm yet.”
Call me paranoid and cynical, but I just see this as a tool that government officials would use to attack bloggers whose opinions bothered them. I don’t really foresee this blog being attacked (see: my near- total lack of readers), but if a blogger spoke out against the administration (either a conservative blogger speaking out against the current administration, or a liberal blogger speaking out against some future administration), is it really unreasonable to think that blog might be more closely scrutinized for potential “payola” offenses? It wouldn’t even matter if they were true. Bloggers aren’t mainstream media, and for the most part, any of us who hit legal expenses from our blog would be on our own to pay them (well, we might find ourselves depending on the kindness of strangers, at least).
Go back and look at the brief quote I borrowed from James Joyner. Supporting a product in exchange for getting paid is generally unethical, and I fully support the idea that the community can expose and punish someone engaging in unethical behavior. I do not support the idea that the government can punish someone for this, and I definitely don’t support the idea of singling out bloggers.