advertising laws & regulations in content discovery

HOW I FOUGHT THE LAW AND THE LAW GAVE ME A HUGE FINE.

NICE TO MEET YOU! Shelly PaioffDeputy General Counsel & Head of Legal, US, Taboola

Adam ChenGlobal Policy Manager, Taboola

Jason KesslerGlobal Content Policy, Taboola

TRADITIONAL ADVERTISING

BRANDED ENTERTAINMENT

CONTENT DISCOVERY

How does the new space of content discovery fall under traditional advertising laws?

ADVERTISING ECOSYSTEM

PUBLISHERS – Promotion of content through content discovery is a form of advertising. It needs to be disclosed to users that it is sponsored content. But we’ll get into more later…

MEDIA PARTNERS (ADVERTISERS) – In the content discovery ecosystem with publishers, brands, and performance marketers, brands and performance marketers are promoting a product or service, and more laws and regulations apply to them. Publishers have more protections.

We’ll get to the stuff that applies to brands and performance marketers in a bit…

WHAT IS ADVERTISING?And what does advertising law cover?

NO DECEPTION

THE GOLDEN RULE

Although content-discovery widgets recommend content, the widget itself is treated as a form of advertising under applicable laws and regulations.

Recommended Disclosures: • Content is sponsored• Who are the sponsors

WHAT YOU NEED TO KNOW AS A PUBLISHER

PUBLISHERS Proper Disclosures

PUBLISHERS Proper Disclosures

On content discovery platforms, brands and performance marketers are treated differently than publishers.

• More laws and regulations apply to brands and performance marketers.

Rule for Brands and Performance Marketers: AVOID FALSE ADVERTISING

WHAT YOU NEED TO KNOW AS A MEDIA PARTNER

Fake Product Claims Key Question: Can the claims about the product I make be substantiated?

Common Fake Product Claims: • Impossible weight claims – FTC’s “gut check” reference guide

provides guidance on what claims are proper and what claims are not okay.

• Impossible health claims – Claims that a product will cure, treat, or prevent a disease that is not FDA approved will run into problems.

WHAT YOU NEED TO KNOW AS A MEDIA PARTNER

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Deceptive Practices

Common deceptive practices: • Fake news• Not disclosing costs up front• False sense of urgency

WHAT YOU NEED TO KNOW AS A MEDIA PARTNER

Tips For Affiliate Advertisers

• Make accurate product claims – Use only the product claims the company makes.

• Use the before/after photos that are provided to you.

WHAT YOU NEED TO KNOW AS A MEDIA PARTNER

Why is this important?

• Avoid potential lawsuits and regulatory action.• Ensure high-quality content.• Publishers – Preserve consumer perception of your brand or

site.• Advertisers – Keep the industry honest.

WRAPPING THINGS UP