FTC's blogger rules 'constitutionally dubious,' says IAB

The Interactive Advertising Bureau (IAB) on Thursday called on the Federal Trade Commission (FTC) to withdraw its recent guidelines regarding the commentary of bloggers and other social media opinion leaders, saying the new rules unconstitutionally penalize online media for practices traditional media have had in place for decades.

Randall Rothenberg, IAB's chief executive, sent a letter to FTC Chairman Jon Leibowitz saying the new rules will "muzzle" bloggers. The FTC recently issued new guidelines that require bloggers who receive products for free to review to disclose that the products were free or else be subject to fines and other penalties.

Many bloggers are wondering if that changes how they review music and books, and how they are supposed to disclose this information in the 140 characters allowed by Twitter. There has also been plenty of confusion in the public relations and advertising world, where relationships with bloggers have become essential.

"What concerns us the most in these revisions is that the Internet, the cheapest, most widely accessible communications medium ever invented, would have less freedom than other media,” Rothenberg said. “These revisions are punitive to the online world and unfairly distinquish between the same speech, based on the medium in which it is delivered. The practices have long been afforded strong First Amendment protections in traditional media outlets, but the commission is saying that the same speech deserves fewer constitutional protections online."

In his letter to Leibowitz, Rothenberg relayed a personal experience that illustrates the new thought process for bloggers and Twitterers:

"So there I was last Saturday, about to send out on my Twitter feed — which automatically updates my Facebook page and links to my personal blog — a photograph of this wonderful baked halibut dish I'd just made as a surprise for my wife.

"I was in the middle of typing a rave review of the recipe, which I'd pulled from my favorite cookbook, Delicioso! The Regional Cooking of Spain, by Penelope Casas. But before I could press the 'post' button, I stopped and canceled the whole thing.

"I remembered that the book was a freebie, sent to me by an editor at the Alfred A. Knopf publishing house 13 years ago. And I didn't want you guys to haul me into court and fine me for violating the rules you’ve just promulgated to muzzle social media."

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