4 ms·

Technically Kardashian disclosed it with #ad tag, but because it was settled outside the court, we do not know if this is sufficient disclosure.

dboreham 4y ago
Nal, but: yeah no.
calgarymicro 4y ago
Technically there's a '#ad' in there, but the 'sharing what my friends just told me' bit probably didn't help her. https://cloudfront-us-east-1.images.arcpublishing.com/coindesk/Z242MUHVBZDTPM4Y3WSOVJFUHQ.jpg https://cloudfront-us-east-1.images.arcpublishing.com/coinde...
- hailwren 4y ago
  Honest question, given that it says ad — why would this be illegal? Would the SEC claim that she was not good enough friends with the people who told her that to call them friends?
  - polygamous_bat 4y ago
    Not a lawyer, but my impression is that a lot of time such cases are decided on what a reasonable person might take away from the text rather than what the text literally says.
  - hackernewds 4y ago
    And not all things in a TV ad are non fiction. Is the basis that a real orange tiger is supposed to be licking mystery red dust off his finger
EGreg 4y ago
Not sufficient. The Sectiom 17b of the Securities and Exchange Act is clear: celebrities must disclose the types of assets AND the amount they got etc. They kept warning this as far back as 2017 btw: https://www.sec.gov/news/public-statement/statement-potentially-unlawful-promotion-icos https://www.sec.gov/news/public-statement/statement-potentia...
- vanattab 4y ago
  Wait wait? How come in all the commercials with athletes and actors they don't say how much the actor was paid then?
  - hermitdev 4y ago
    The stipulations are in regards to endorsement of securities, not regular goods and services.
    - HWR_14 4y ago
      Wouldn't be a bad rule in general though. "I think Pepsi is great!" - X was paid $20 million to film this ad
sschueller 4y ago
If you watch German youtubers you will sometimes see a very clear banner during the entire video to make it clear it contains sponsored content which isn't specifically mentioned as being an ad. Same goes for old television. For example the German version of "the price is right" has a banner during the whole show that says "dauerwerbesendung" which means continues advertising program. #ad in a description/tv program guide is never sufficient.
- nibbleshifter 4y ago
  Marking it as "#ad" in the hashtags or description or whatever is exactly what the advertising regulator says is required in the UK. It's the bare minimum, but its compliant. And the UK has (oddly) some of the stronger legislation/regulation around marking advertisements. YMMV when it comes to advertising finserv tho, the other regulators might fuck you even if the ad disclosure is done correctly.
  - OJFord 4y ago
    Is that odd? The regulator (the Advertising Standards Authority) is and has 'always' been pretty hot on misleading/etc. advertising in print, radio, television (pre and post digital) media. If anything I think they came quite late to non-traditional online advertising.
- addandsubtract 4y ago
  But Germans also tend to play it very German. They will have the "Werbevideo" notice, because they're reviewing a product that was provided to them, for example. Anyone outside of Germany probably wouldn't see that as a sponsorship, and sometimes I feel it waters down the point of the disclaimer if _every_ video is a "Werbevideo", but you don't know to what extent they are actually sponsored.
  - codetrotter 4y ago
    > they're reviewing a product that was provided to them, for example. Anyone outside of Germany probably wouldn't see that as a sponsorship Depends. For example in Norway, a few years ago Norwegian tax authorities said that “influencers” need to declare items they received as income. From the official website of Norwegian tax authorities: > Må jeg skatte og av hva? > […] > Gratis eller rabatterte produkter/gaver med økonomisk verdi, som for eksempel sminke, hår- og hudpleieprodukter, bøker, klær, reiser, spill, teknologisk utstyr, barneutstyr m.m. Dette skal inntektsføres til omsetningsverdi (eventuelt omsetningsverdi fratrukket det beløp du har betalt for varen). https://www.skatteetaten.no/bedrift-og-organisasjon/rapportering-og-bransjer/bransjer-med-egne-regler/internett/blogging/ https://www.skatteetaten.no/bedrift-og-organisasjon/rapporte.... Translated to English with Google Translate: > Do I have to pay tax and from what? > […] > Free or discounted products/gifts with financial value, such as make-up, hair and skin care products, books, clothes, travel, games, technological equipment, children's equipment, etc. This must be recognized as income at the turnover value (if any, the turnover value minus the amount you have paid for the item). And likewise we have guidelines about marketing done by influencers > Veiledningen er i hovedsak ment for annonsører som benytter påvirkere i markedsføringen sin. Den retter seg også mot påvirkere som får betaling eller andre fordeler for å omtale eller legge ut noe om produkter, tjenester eller næringsdrivende på sine profiler i sosiale medier. https://www.forbrukertilsynet.no/lov-og-rett/veiledninger-og-retningslinjer/someveiledning https://www.forbrukertilsynet.no/lov-og-rett/veiledninger-og... Translated with Google Translate: > The guide is mainly intended for advertisers who use influencers in their marketing. It also targets influencers who receive payment or other benefits to mention or post something about products, services or businesses on their social media profiles.

dboreham 4y ago

Nal, but: yeah no.

calgarymicro 4y ago

Technically there's a '#ad' in there, but the 'sharing what my friends just told me' bit probably didn't help her. https://cloudfront-us-east-1.images.arcpublishing.com/coindesk/Z242MUHVBZDTPM4Y3WSOVJFUHQ.jpg https://cloudfront-us-east-1.images.arcpublishing.com/coinde...

hailwren 4y ago
Honest question, given that it says ad — why would this be illegal? Would the SEC claim that she was not good enough friends with the people who told her that to call them friends?
- polygamous_bat 4y ago
  Not a lawyer, but my impression is that a lot of time such cases are decided on what a reasonable person might take away from the text rather than what the text literally says.
- hackernewds 4y ago
  And not all things in a TV ad are non fiction. Is the basis that a real orange tiger is supposed to be licking mystery red dust off his finger

EGreg 4y ago

Not sufficient. The Sectiom 17b of the Securities and Exchange Act is clear: celebrities must disclose the types of assets AND the amount they got etc. They kept warning this as far back as 2017 btw: https://www.sec.gov/news/public-statement/statement-potentially-unlawful-promotion-icos https://www.sec.gov/news/public-statement/statement-potentia...

vanattab 4y ago
Wait wait? How come in all the commercials with athletes and actors they don't say how much the actor was paid then?
- hermitdev 4y ago
  The stipulations are in regards to endorsement of securities, not regular goods and services.
  - HWR_14 4y ago
    Wouldn't be a bad rule in general though. "I think Pepsi is great!" - X was paid $20 million to film this ad

sschueller 4y ago

If you watch German youtubers you will sometimes see a very clear banner during the entire video to make it clear it contains sponsored content which isn't specifically mentioned as being an ad. Same goes for old television. For example the German version of "the price is right" has a banner during the whole show that says "dauerwerbesendung" which means continues advertising program. #ad in a description/tv program guide is never sufficient.

nibbleshifter 4y ago
Marking it as "#ad" in the hashtags or description or whatever is exactly what the advertising regulator says is required in the UK. It's the bare minimum, but its compliant. And the UK has (oddly) some of the stronger legislation/regulation around marking advertisements. YMMV when it comes to advertising finserv tho, the other regulators might fuck you even if the ad disclosure is done correctly.
- OJFord 4y ago
  Is that odd? The regulator (the Advertising Standards Authority) is and has 'always' been pretty hot on misleading/etc. advertising in print, radio, television (pre and post digital) media. If anything I think they came quite late to non-traditional online advertising.
addandsubtract 4y ago
But Germans also tend to play it very German. They will have the "Werbevideo" notice, because they're reviewing a product that was provided to them, for example. Anyone outside of Germany probably wouldn't see that as a sponsorship, and sometimes I feel it waters down the point of the disclaimer if _every_ video is a "Werbevideo", but you don't know to what extent they are actually sponsored.
- codetrotter 4y ago
  > they're reviewing a product that was provided to them, for example. Anyone outside of Germany probably wouldn't see that as a sponsorship Depends. For example in Norway, a few years ago Norwegian tax authorities said that “influencers” need to declare items they received as income. From the official website of Norwegian tax authorities: > Må jeg skatte og av hva? > […] > Gratis eller rabatterte produkter/gaver med økonomisk verdi, som for eksempel sminke, hår- og hudpleieprodukter, bøker, klær, reiser, spill, teknologisk utstyr, barneutstyr m.m. Dette skal inntektsføres til omsetningsverdi (eventuelt omsetningsverdi fratrukket det beløp du har betalt for varen). https://www.skatteetaten.no/bedrift-og-organisasjon/rapportering-og-bransjer/bransjer-med-egne-regler/internett/blogging/ https://www.skatteetaten.no/bedrift-og-organisasjon/rapporte.... Translated to English with Google Translate: > Do I have to pay tax and from what? > […] > Free or discounted products/gifts with financial value, such as make-up, hair and skin care products, books, clothes, travel, games, technological equipment, children's equipment, etc. This must be recognized as income at the turnover value (if any, the turnover value minus the amount you have paid for the item). And likewise we have guidelines about marketing done by influencers > Veiledningen er i hovedsak ment for annonsører som benytter påvirkere i markedsføringen sin. Den retter seg også mot påvirkere som får betaling eller andre fordeler for å omtale eller legge ut noe om produkter, tjenester eller næringsdrivende på sine profiler i sosiale medier. https://www.forbrukertilsynet.no/lov-og-rett/veiledninger-og-retningslinjer/someveiledning https://www.forbrukertilsynet.no/lov-og-rett/veiledninger-og... Translated with Google Translate: > The guide is mainly intended for advertisers who use influencers in their marketing. It also targets influencers who receive payment or other benefits to mention or post something about products, services or businesses on their social media profiles.