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Tulsa World, Okla., Action Line columnJun 18, 2013 (Tulsa World - McClatchy-Tribune Information Services via COMTEX) -- Dear Action Line: Are there guidelines for these online advertisers explaining how they must make "disclosures" to avoid deception? TV and newspaper advertisers must do so but the Internet is still the wild, poker-faced West. -- C.P., Tulsa The Federal Trade Commission March 12 released updated guidance on what it refers to as "Dot Com Disclosures," first released in 2000 to address the rise of advertising in the new mediums. The new, 31-page FTC staff guide, ".com Disclosures: How to Make Effective Disclosures in Digital Advertising," can be viewed at tulsaworld.com/FTCDotComDisclosures This considers the expanding use of smartphones with small screens and the rise of social media marketing. It contains mock ads illustrating the updated principles. As in the original, the updated guidance emphasizes consumer protection laws apply equally to marketers across all mediums, whether delivered on a desktop computer, a mobile device or more traditional media such as television, radio or print. If disclosures are needed to prevent deception or unfairness in online ad claims, they must be clear and conspicuous. This means advertisers should ensure disclosures are clear and conspicuous on all devices and platforms consumers use in viewing them. It also explains possibly deceptive or unfair advertisements containing no disclosures violate an FTC rule. When disclosures can't be made clearly and conspicuously on devices or platforms, they should not be used. The 2000 guidance said to ensure clear and conspicuous disclosures, advertisers should consider their placement and proximity to relevant ad claims, their prominence, whether audio disclosures are loud enough to hear and whether visual disclosures appear long enough to be noticed. Although the 2000 guidelines defined "proximity" as "near, and when possible, on the same screen," and stated advertisers should "draw attention to" disclosures, the new guidance says disclosures should be "as close as possible" to the relevant claim. Updated "Dot Com Disclosures" asks advertisers to avoid hyperlinks for disclosures that involve product cost or certain health and safety issues. The new guidelines also call for labeling hyperlinks as specifically as possible and caution advertisers to consider how their hyperlinks will function on various programs and devices. The guidance says advertisers using space-limited ads, such as social-media platforms, must still provide disclosures necessary to prevent their being deceptive and advises marketers to avoid conveying such disclosures through pop-ups, as these often are blocked. Submit Action Line questions by calling 918-699-8888, emailing [email protected] or by mailing them to Tulsa World Action Line, P.O. Box 1770, Tulsa, OK 74102-1770. ___ (c)2013 Tulsa World (Tulsa, Okla.) Visit Tulsa World (Tulsa, Okla.) at www.tulsaworld.com Distributed by MCT Information Services |
