{"id":2366,"date":"2016-07-22T20:51:39","date_gmt":"2016-07-22T20:51:39","guid":{"rendered":"http:\/\/www.nativeadbuzz.com\/blog\/?p=2366"},"modified":"2020-09-11T02:34:11","modified_gmt":"2020-09-11T02:34:11","slug":"staying-compliant-2-legal-compliance-series","status":"publish","type":"post","link":"https:\/\/www.nativeadbuzz.com\/blog\/staying-compliant-2-legal-compliance-series\/","title":{"rendered":"Staying Compliant ( #3 Legal Compliance Series)"},"content":{"rendered":"

Happy Monday everyone!<\/p>\n

Peter here from NativeAdBuzz \u2013 hope you\u2019re well!<\/p>\n

So if you\u2019ve been following our recent Legal Compliance series, you\u2019ll know we\u2019ve looked at some of the major issues advertisers face, in terms of \u2018staying compliant\u2019…<\/p>\n

And in the last post we looked at legal specifics, from the USA\u2019s \u2018FTC\u2019, and the UK\u2019s \u2018ASA\u2019.<\/p>\n

In today\u2019s<\/em> post, we\u2019re going to look at the 2 big \u2018grey\u00a0areas\u2019 in the native advertising world\u2026 as well as practical tips to ensure you don\u2019t find yourself on the wrong end of these industry regulators\u2026<\/p>\n

 <\/p>\n

Now just before we get started, I wanted to bring something up.<\/p>\n

\"\"You see, at NativeAdBuzz we are always following industry news, and one thing we\u2019ve noticed, is\u2026<\/p>\n

\u2018Just because you\u2019re only running an ad or two\u2026 does NOT protect you from the law.\u2019<\/p>\n

It may seem tempting to \u2018bend the rules\u2019 in order to make your ads more appealing, but you risk being blacklisted by ad networks, as well as potential fines, and even criminal prosecution, so make sure you know the consequences!<\/p>\n

If you want to see thousands of legal, compliant ads (and evaluate their strength in the market), you should take a $7 trial to the NativeAdBuzz software, where you\u2019ll get access to a plethora of native ads!<\/p>\n

Click here to claim your trial!\u00a0<\/strong><\/a><\/p>\n

One of the most confusing things for new marketers to understand, is that there isn\u2019t a \u2018one-size-fits-all\u2019 approach to advertising law, and because of this, you should always<\/em> err on the side of caution.<\/p>\n

Let\u2019s look at some of the most important Native Ad rules (from a legal perspective) \u2026 and how you can ensure you don\u2019t fall foul to the law.<\/p>\n

 <\/p>\n

Fraudulent Clicks and Disclosures<\/strong><\/h3>\n

Disclosures are required by all industry regulators (and publishers) to clarify the intentions of your advertising message to consumers.<\/p>\n

In essence, the readers of your ad need to know it IS an advertisement \u2013 and that they\u2019re being sold to.<\/p>\n

Fail to do so, and you break the law. Plan \u2018n simple. This also applies to advertisers trying to drive fraudulent clicks by placing Adsense ad widgets dangerously close or before slide show content to look like “next arrows” or ad widgets being placed unmarked in content to look like actual content<\/p>\n

Which is why, you should;<\/p>\n

Make your disclosures and ad units clear, and distinguishable<\/strong><\/p>\n

\"Acceptable-Disclosures-600x314\"The regulators will also<\/em> look at whether they think you\u2019ve made your disclosures clear enough. For instance, if your ad is image-based, they may deem a small piece of text to be insufficient, due to consumer\u2019s attention being directed at the image.<\/p>\n

Similarly, if you were running a content advertorial, an image featuring a disclosure likely wouldn\u2019t be noticed \u2013 unless it\u2019s a focal point of your page.<\/p>\n

Also\u2026 if you\u2019re running video ads, the disclosure should be displayed on the screen long enough so that any viewer would be able to see it, read it, and comprehend what it is saying.<\/p>\n

 <\/p>\n

\u2026And the FTC have begun to clamp down on advertisers who use sneaky techniques and as mentioned in the last article\u00a0the ASA in the UK even went after Outbrain to make an example.<\/p>\n

Take a look at this chart;<\/p>\n

\"meaning-of-sponsored-content\"Most people would argue that sets a worrying trend \u2013 it\u2019s really<\/em> hard to know what you\u2019re reading is from the website, or from a publisher when you see stuff like this.<\/p>\n

But\u2026<\/p>\n

You already know the guidelines by now, right? And this isn’t your responsibility because the native Networks manage their widgets. Perhaps, but there is a change a’ coming, the wind has already started blowing.<\/p>\n

Crafty wording and camouflaged adsense ads is becoming a risky business if you want to keep your accounts safe. In a future article we will discuss how to protect your Adsense accounts, and adsense arrows, and how you can still make a profit, even if you get hit with the dreaded adsesne ban…
\nbut for now, let’s move on to our next topic >>>><\/p>\n

 <\/p>\n

Results and Publicity Claims<\/strong><\/h3>\n

One of the biggest areas of concern for many advertising marketers and publishers is the claims included inside an ad.<\/p>\n

There are two sides to this; the first, is a results-based claim.<\/p>\n

For example;<\/p>\n

\u2018This Woman Lost 34KG in 2 Minutes\u2026 Discover How YOU Can!\u2019<\/strong><\/p>\n

(Yes, some ad\u2019s really do <\/em>go that far!)<\/p>\n

Now\u2026<\/p>\n

If this were true\u2026 documented\u2026 and realistic to the everyday reader\u2026<\/p>\n

It would be fine.<\/p>\n

But it\u2019s not. The headline makes a claim that\u2019s not just unrealistic\u2026 but also completely deceptive.<\/p>\n

Let\u2019s look at a finance-claim to give you a different perspective\u2026<\/p>\n

\u2018I Made \u00a336,978 In Just 2 Hours \u2013 If You\u2019re QUICK, So Can YOU!\u2019<\/strong><\/p>\n

OK, so there is certainly more chance of this happening than losing 34KG in two minutes, but there must be very strong, documented, and reliable proof<\/em> that this actually happened\u2026 as well as proof that the consumer has a chance of achieving the same.<\/p>\n

Here\u2019s some examples of legitimate native ads, that don\u2019t offer a direct claim\u2026 but still have a BIG benefit attached.<\/p>\n

\"Screenshot_14\"\"Screenshot_2\"<\/p>\n

They\u2019re acceptable, because they don\u2019t make you specific promises that if you do XYZ, you\u2019ll achieve XYZ.<\/p>\n

If they DID, they\u2019d need to be able to prove<\/em> their claims\u2026 or else face legal action\u2026<\/p>\n

And if you want your ads to stay compliant, you absolutely MUST not include claims that aren\u2019t 100% true.\u00a0Now the second major area of concern surrounding claims, is to do with infringing the rights of a person or organization that these claims directly or indirectly reference.<\/p>\n

These includes using celebrities, TV channels, news broadcasters, and even local companies. If they haven\u2019t expressed their permission\u2026 or if you\u2019re fabricating a story…<\/p>\n

Don\u2019t put it in.<\/p>\n

A 2-minute phone-call with a TV station producer doesn\u2019t mean you\u2019ve\u2026<\/p>\n

\u2018Appeared on BBC News\u2019<\/em><\/p>\n

You also can\u2019t imply that your product or service is endorsed by these companies; if your content was purely editorial, the law changes, as you have rights under the free-speech and fair-use rules, but advertising is NOT covered.<\/p>\n

In short \u2013 unless a celebrity or other notable person\/organization has given their express permission, and the claims you make are 100% true\u2026 stay away; fail to do so could land you in a LOT of legal trouble.<\/p>\n

 <\/p>\n

Native Ad Legal Checklist<\/strong><\/h3>\n

To help make sure your Native Ads comply with the disclosure and claim guidelines, we\u2019ve compiled a short checklist for you to follow.<\/p>\n

Work through it, and try to keep it handy whenever you create a Native Ad \u2013 it can save you a LOT of legal trouble later down the line.<\/p>\n

    \n
  1. Can you tell the difference between ad content and page content<\/li>\n
  2. Have you deliberately placed an advert to drive fraudulent clicks<\/li>\n
  3. Can you immediately see the disclosure, or have you tried to be crafty<\/li>\n
  4. Do you feel good about yourself, or are you feeling a little black hat?<\/li>\n
  5. Have you ever stollen candy from a baby and laughed?<\/li>\n
  6. Have you ever offered someone some food and then once they have had a bite and not died from poisoning you have snatched it back and eaten it?<\/li>\n<\/ol>\n

    Hopefully that helps!<\/p>\n

     <\/p>\n

    And that\u2019s a wrap for today, folks.<\/p>\n

    We\u2019ve looked at what you should and shouldn\u2019t include in a disclosure\u2026 and some guidelines about making claims in your ads.<\/p>\n

    In next week\u2019s post \u2013 the last part of our \u2018Staying Compliant\u2019 series, we\u2019re going to look at loads of native ad examples that are legit\u2026 and we\u2019re going to study those that aren\u2019t.<\/em><\/p>\n

    All the ads will be pulled from NativeAdBuzz, our native ad tracking platform.<\/p>\n

    It allows you to easily view thousands of different ads, as well as tracking their data, performance history, and more!<\/p>\n

    If you\u2019re not a member, claim a $7 trial here!\u00a0<\/a><\/p>\n

     <\/p>\n

     <\/p>\n

    Catch you later:)<\/p>\n","protected":false},"excerpt":{"rendered":"

    Happy Monday everyone! Peter here from NativeAdBuzz \u2013 hope you\u2019re well! So if you\u2019ve been following our recent Legal Compliance series, you\u2019ll know we\u2019ve looked at some of the major issues advertisers face, in terms of \u2018staying compliant\u2019… And in the last post we looked at legal specifics, from the USA\u2019s \u2018FTC\u2019, and the UK\u2019s […]<\/p>\n","protected":false},"author":9,"featured_media":3952,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[28,54,74,72,33,65,53],"class_list":["post-2366","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-marketing-info","tag-content","tag-content-discovery","tag-images","tag-legal-compliance","tag-marketing","tag-native-ad-intelligence","tag-native-advertising"],"jetpack_featured_media_url":"https:\/\/nab-s3-wordpress.s3.amazonaws.com\/blog\/wp-content\/uploads\/2016\/07\/11023317\/tingey-injury-law-firm-DZpc4UY8ZtY-unsplash.jpg","_links":{"self":[{"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/posts\/2366","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/comments?post=2366"}],"version-history":[{"count":9,"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/posts\/2366\/revisions"}],"predecessor-version":[{"id":3953,"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/posts\/2366\/revisions\/3953"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/media\/3952"}],"wp:attachment":[{"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/media?parent=2366"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/categories?post=2366"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nativeadbuzz.com\/blog\/wp-json\/wp\/v2\/tags?post=2366"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}