US ad guidelines on virals tightened

The US Federal Trade Commission is currently reviewing its guidelines on endorsements and testimonials in the light of recent changes in the ad market driven by digital developments. The guidelines have not been updated since 1980.

There are concerns that the impact on viral campaigns could be considerable. Specifically, the FTC is considering holding companies legally liable for comments made by bloggers about their products, and holding both the companies and the bloggers responsible for the truthfulness thereof. Spending on social media marketing reached US$1.35 billion in 2007 and is expected to be nearly triple that figure by 2011, according to the Word of Mouth Marketing Association.

Richard O'Brien of the AAAA has written to the FTC to plead that

"regulating these developing media too soon may have a chilling effect on blogs and other forms of viral marketing, as bloggers and other viral marketers will be discouraged from publishing content for fear of being held liable for any potentially misleading claim."

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