An interesting development has occurred in the story of the controversial FTC guidelines for sponsored blogging/social media. The Interactive Advertising Bureau (IAB) has called upon the FTC to rescind the blogger rules, and has questioned the constitutionality of them. As you may know, there have been a lot people calling them an infringement on free speech.
The IAB says the rules unfairly and unconstitutionally impose penalties on online media for practices in which offline media have engaged for decades. In an open letter to FTC Chairman Jon Leibowitz, Randall Rothenberg, the President and CEO of the IAB, called the FTC’s distinction between offline media and online media, "constitutionally dubious."
"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," he 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."
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