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Sophie C. Boerman, Guda van Noort, Natali Helberger, Chris J. Hoofnagle, Sponsored Blog Content: What do the Regulations Say? And what do Bloggers Say?, 9 (2018) JIPITEC 146 para 1.
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%0 Journal Article %T Sponsored Blog Content: What do the Regulations Say? And what do Bloggers Say? %A Boerman, Sophie C. %A van Noort, Guda %A Helberger, Natali %A Hoofnagle, Chris J. %J JIPITEC %D 2018 %V 9 %N 2 %@ 2190-3387 %F boerman2018 %X Influencer marketing – the use of opinion leaders such as bloggers with many followers and readers to disseminate product messages – is gaining advertisers’ interest. This paper presents the law and self-regulative provisions concerning blog advertising in both Europe and the US and documents the actual practice of disclosing blog advertising: whether and if so how, bloggers disclose influences from advertisers, and how these disclosures align with the regulations in place. The Federal Trade Commission Act and related guides in the US, and self-regulative provisions in Europe urge advertisers and endorsers, such as bloggers, to disclose any commercial relationship. These disclosures should be clear and conspicuous because advertising to consumers should be recognizable as such. Although advertisers increasingly encourage bloggers to promote products, it is unclear whether bloggers comply with disclosure requirements. To test compliance with disclosure requirements, we performed a content analysis of 200 blog posts drawn from the top-20-ranked sites in the Netherlands and the United States. We found that 65% of the posts mention brands and products. Yet, only 15% of the blog posts provided some commercial sponsorship disclosure. To determine whether posts mentioning brands were organic, unsponsored endorsements, we made repeated attempts to contact authors. Of those that responded, most claimed that their writing was not sponsored, but a small number received remuneration and did not disclose it. Furthermore, among the disclosing bloggers, we found regular problems in their sponsorship disclosures: many only state ‘sponsored’ or ‘affiliated link’; only 1/3 stated the name of the actual sponsor; most require the users to “scroll down,”; and most are in the same font as ordinary text. Our findings raise several regulatory issues; namely, the need for more concrete guidance on disclosure format, and it highlights the difficulty of monitoring compliance with the existing provisions. In so doing, our findings also provide important input for the European Commission’s Regulatory Fitness and Performance exercise, which tackles, among others the Unfair Commercial Practice Directive. %L 340 %K Native advertising %K advertising regulation %K advertorial %K influencer marketing %K legal comparrison (US, European Law) %K sponsored content %K unfair commercial practice %U http://nbn-resolving.de/urn:nbn:de:0009-29-47309 %P 146-159Download
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@Article{boerman2018, author = "Boerman, Sophie C. and van Noort, Guda and Helberger, Natali and Hoofnagle, Chris J.", title = "Sponsored Blog Content: What do the Regulations Say? And what do Bloggers Say?", journal = "JIPITEC", year = "2018", volume = "9", number = "2", pages = "146--159", keywords = "Native advertising; advertising regulation; advertorial; influencer marketing; legal comparrison (US, European Law); sponsored content; unfair commercial practice", abstract = "Influencer marketing -- the use of opinion leaders such as bloggers with many followers and readers to disseminate product messages -- is gaining advertisers' interest. This paper presents the law and self-regulative provisions concerning blog advertising in both Europe and the US and documents the actual practice of disclosing blog advertising: whether and if so how, bloggers disclose influences from advertisers, and how these disclosures align with the regulations in place. The Federal Trade Commission Act and related guides in the US, and self-regulative provisions in Europe urge advertisers and endorsers, such as bloggers, to disclose any commercial relationship. These disclosures should be clear and conspicuous because advertising to consumers should be recognizable as such. Although advertisers increasingly encourage bloggers to promote products, it is unclear whether bloggers comply with disclosure requirements. To test compliance with disclosure requirements, we performed a content analysis of 200 blog posts drawn from the top-20-ranked sites in the Netherlands and the United States. We found that 65{\%} of the posts mention brands and products. Yet, only 15{\%} of the blog posts provided some commercial sponsorship disclosure. To determine whether posts mentioning brands were organic, unsponsored endorsements, we made repeated attempts to contact authors. Of those that responded, most claimed that their writing was not sponsored, but a small number received remuneration and did not disclose it. Furthermore, among the disclosing bloggers, we found regular problems in their sponsorship disclosures: many only state `sponsored' or `affiliated link'; only 1/3 stated the name of the actual sponsor; most require the users to ``scroll down,''; and most are in the same font as ordinary text. Our findings raise several regulatory issues; namely, the need for more concrete guidance on disclosure format, and it highlights the difficulty of monitoring compliance with the existing provisions. In so doing, our findings also provide important input for the European Commission's Regulatory Fitness and Performance exercise, which tackles, among others the Unfair Commercial Practice Directive.", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-47309" }Download
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TY - JOUR AU - Boerman, Sophie C. AU - van Noort, Guda AU - Helberger, Natali AU - Hoofnagle, Chris J. PY - 2018 DA - 2018// TI - Sponsored Blog Content: What do the Regulations Say? And what do Bloggers Say? JO - JIPITEC SP - 146 EP - 159 VL - 9 IS - 2 KW - Native advertising KW - advertising regulation KW - advertorial KW - influencer marketing KW - legal comparrison (US, European Law) KW - sponsored content KW - unfair commercial practice AB - Influencer marketing – the use of opinion leaders such as bloggers with many followers and readers to disseminate product messages – is gaining advertisers’ interest. This paper presents the law and self-regulative provisions concerning blog advertising in both Europe and the US and documents the actual practice of disclosing blog advertising: whether and if so how, bloggers disclose influences from advertisers, and how these disclosures align with the regulations in place. The Federal Trade Commission Act and related guides in the US, and self-regulative provisions in Europe urge advertisers and endorsers, such as bloggers, to disclose any commercial relationship. These disclosures should be clear and conspicuous because advertising to consumers should be recognizable as such. Although advertisers increasingly encourage bloggers to promote products, it is unclear whether bloggers comply with disclosure requirements. To test compliance with disclosure requirements, we performed a content analysis of 200 blog posts drawn from the top-20-ranked sites in the Netherlands and the United States. We found that 65% of the posts mention brands and products. Yet, only 15% of the blog posts provided some commercial sponsorship disclosure. To determine whether posts mentioning brands were organic, unsponsored endorsements, we made repeated attempts to contact authors. Of those that responded, most claimed that their writing was not sponsored, but a small number received remuneration and did not disclose it. Furthermore, among the disclosing bloggers, we found regular problems in their sponsorship disclosures: many only state ‘sponsored’ or ‘affiliated link’; only 1/3 stated the name of the actual sponsor; most require the users to “scroll down,”; and most are in the same font as ordinary text. Our findings raise several regulatory issues; namely, the need for more concrete guidance on disclosure format, and it highlights the difficulty of monitoring compliance with the existing provisions. In so doing, our findings also provide important input for the European Commission’s Regulatory Fitness and Performance exercise, which tackles, among others the Unfair Commercial Practice Directive. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-47309 ID - boerman2018 ER -Download
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PT Journal AU Boerman, S van Noort, G Helberger, N Hoofnagle, C TI Sponsored Blog Content: What do the Regulations Say? And what do Bloggers Say? SO JIPITEC PY 2018 BP 146 EP 159 VL 9 IS 2 DE Native advertising; advertising regulation; advertorial; influencer marketing; legal comparrison (US, European Law); sponsored content; unfair commercial practice AB Influencer marketing – the use of opinion leaders such as bloggers with many followers and readers to disseminate product messages – is gaining advertisers’ interest. This paper presents the law and self-regulative provisions concerning blog advertising in both Europe and the US and documents the actual practice of disclosing blog advertising: whether and if so how, bloggers disclose influences from advertisers, and how these disclosures align with the regulations in place. The Federal Trade Commission Act and related guides in the US, and self-regulative provisions in Europe urge advertisers and endorsers, such as bloggers, to disclose any commercial relationship. These disclosures should be clear and conspicuous because advertising to consumers should be recognizable as such. Although advertisers increasingly encourage bloggers to promote products, it is unclear whether bloggers comply with disclosure requirements. To test compliance with disclosure requirements, we performed a content analysis of 200 blog posts drawn from the top-20-ranked sites in the Netherlands and the United States. We found that 65% of the posts mention brands and products. Yet, only 15% of the blog posts provided some commercial sponsorship disclosure. To determine whether posts mentioning brands were organic, unsponsored endorsements, we made repeated attempts to contact authors. Of those that responded, most claimed that their writing was not sponsored, but a small number received remuneration and did not disclose it. Furthermore, among the disclosing bloggers, we found regular problems in their sponsorship disclosures: many only state ‘sponsored’ or ‘affiliated link’; only 1/3 stated the name of the actual sponsor; most require the users to “scroll down,”; and most are in the same font as ordinary text. Our findings raise several regulatory issues; namely, the need for more concrete guidance on disclosure format, and it highlights the difficulty of monitoring compliance with the existing provisions. In so doing, our findings also provide important input for the European Commission’s Regulatory Fitness and Performance exercise, which tackles, among others the Unfair Commercial Practice Directive. ERDownload
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<mods> <titleInfo> <title>Sponsored Blog Content: What do the Regulations Say? And what do Bloggers Say?</title> </titleInfo> <name type="personal"> <namePart type="family">Boerman</namePart> <namePart type="given">Sophie C.</namePart> </name> <name type="personal"> <namePart type="family">van Noort</namePart> <namePart type="given">Guda</namePart> </name> <name type="personal"> <namePart type="family">Helberger</namePart> <namePart type="given">Natali</namePart> </name> <name type="personal"> <namePart type="family">Hoofnagle</namePart> <namePart type="given">Chris J.</namePart> </name> <abstract>Influencer marketing – the use of opinion leaders such as bloggers with many followers and readers to disseminate product messages – is gaining advertisers’ interest. This paper presents the law and self-regulative provisions concerning blog advertising in both Europe and the US and documents the actual practice of disclosing blog advertising: whether and if so how, bloggers disclose influences from advertisers, and how these disclosures align with the regulations in place. The Federal Trade Commission Act and related guides in the US, and self-regulative provisions in Europe urge advertisers and endorsers, such as bloggers, to disclose any commercial relationship. These disclosures should be clear and conspicuous because advertising to consumers should be recognizable as such. Although advertisers increasingly encourage bloggers to promote products, it is unclear whether bloggers comply with disclosure requirements. To test compliance with disclosure requirements, we performed a content analysis of 200 blog posts drawn from the top-20-ranked sites in the Netherlands and the United States. We found that 65% of the posts mention brands and products. Yet, only 15% of the blog posts provided some commercial sponsorship disclosure. To determine whether posts mentioning brands were organic, unsponsored endorsements, we made repeated attempts to contact authors. Of those that responded, most claimed that their writing was not sponsored, but a small number received remuneration and did not disclose it. Furthermore, among the disclosing bloggers, we found regular problems in their sponsorship disclosures: many only state ‘sponsored’ or ‘affiliated link’; only 1/3 stated the name of the actual sponsor; most require the users to “scroll down,”; and most are in the same font as ordinary text. Our findings raise several regulatory issues; namely, the need for more concrete guidance on disclosure format, and it highlights the difficulty of monitoring compliance with the existing provisions. In so doing, our findings also provide important input for the European Commission’s Regulatory Fitness and Performance exercise, which tackles, among others the Unfair Commercial Practice Directive.</abstract> <subject> <topic>Native advertising</topic> <topic>advertising regulation</topic> <topic>advertorial</topic> <topic>influencer marketing</topic> <topic>legal comparrison (US, European Law)</topic> <topic>sponsored content</topic> <topic>unfair commercial practice</topic> </subject> <classification authority="ddc">340</classification> <relatedItem type="host"> <genre authority="marcgt">periodical</genre> <genre>academic journal</genre> <titleInfo> <title>JIPITEC</title> </titleInfo> <part> <detail type="volume"> <number>9</number> </detail> <detail type="issue"> <number>2</number> </detail> <date>2018</date> <extent unit="page"> <start>146</start> <end>159</end> </extent> </part> </relatedItem> <identifier type="issn">2190-3387</identifier> <identifier type="urn">urn:nbn:de:0009-29-47309</identifier> <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-47309</identifier> <identifier type="citekey">boerman2018</identifier> </mods>Download
Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 9 (2018) 2 |
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Title |
Sponsored Blog Content: What do the Regulations Say? And what do Bloggers Say? (eng) |
Author | Sophie C. Boerman, Guda van Noort, Natali Helberger, Chris J. Hoofnagle |
Language | eng |
Abstract | Influencer marketing – the use of opinion leaders such as bloggers with many followers and readers to disseminate product messages – is gaining advertisers’ interest. This paper presents the law and self-regulative provisions concerning blog advertising in both Europe and the US and documents the actual practice of disclosing blog advertising: whether and if so how, bloggers disclose influences from advertisers, and how these disclosures align with the regulations in place. The Federal Trade Commission Act and related guides in the US, and self-regulative provisions in Europe urge advertisers and endorsers, such as bloggers, to disclose any commercial relationship. These disclosures should be clear and conspicuous because advertising to consumers should be recognizable as such. Although advertisers increasingly encourage bloggers to promote products, it is unclear whether bloggers comply with disclosure requirements. To test compliance with disclosure requirements, we performed a content analysis of 200 blog posts drawn from the top-20-ranked sites in the Netherlands and the United States. We found that 65% of the posts mention brands and products. Yet, only 15% of the blog posts provided some commercial sponsorship disclosure. To determine whether posts mentioning brands were organic, unsponsored endorsements, we made repeated attempts to contact authors. Of those that responded, most claimed that their writing was not sponsored, but a small number received remuneration and did not disclose it. Furthermore, among the disclosing bloggers, we found regular problems in their sponsorship disclosures: many only state ‘sponsored’ or ‘affiliated link’; only 1/3 stated the name of the actual sponsor; most require the users to “scroll down,”; and most are in the same font as ordinary text. Our findings raise several regulatory issues; namely, the need for more concrete guidance on disclosure format, and it highlights the difficulty of monitoring compliance with the existing provisions. In so doing, our findings also provide important input for the European Commission’s Regulatory Fitness and Performance exercise, which tackles, among others the Unfair Commercial Practice Directive. |
Subject | Native advertising, advertising regulation, advertorial, influencer marketing, legal comparrison (US, European Law), sponsored content, unfair commercial practice |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-47309 |