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EA and YouTube producers seemingly broke FTC guidelines with Battlefield 4 promotion

F

fluffydelusions

Member
Earlier this week it was revealed that EA paid YouTube producers to say good things about Battlefield 4 when it launched, and to hold off any criticism until November 29th — a month after release.
EA paid out $200,000 to these YouTube producers, many of whom have over a million subscribers. While it’s understandable that the YouTube content makers deserve to earn money for their work, they did no disclose that they were paid to say nice things about Battlefield 4.
After the reveal that EA sponsored these videos, the company released a statement where they specifically said that YouTube producers must follow FTC guidelines and disclose that the content is sponsored. But very few, if any of the big-time YouTube producers did that.
The list of big YouTubers who were part of EA’s campaign counts LevelCapGaming, FrankieOnOC, JackFrags, and many others. With millions of subscribers, they were perfect for EA’s sponsorship — all of them posted videos that meet specifically EA’s criteria (“Battlefield 4 launch” in the title, a link to the EA’s official site in description, and more). None of them disclosed that they were paid by EA to do this.
LevelCapGaming, FrankieOnPC, JackFrags, and the rest have thereby broken FTC rules and could face serious fines from the government agency. EA could be in trouble as well.
Interestingly, after EA’s deadline on November 29, all of these YouTube producers started criticizing Battlefield 4 and its numerous problems. Up until then, they never said a word about the glitches, just as EA’s contract said.
Click to expand...

http://bf4central.com/2014/01/youtube-producers-ea-broke-ftc-rules-battlefield-4-promotion/

Also the FTC weighed in on these events to Polygon:

Polygon said:
Major companies paying YouTubers to promote their video games doesn't run afoul of the Federal Trade Commissions guidelines, and even if it did, it's unlikely a content creator would be fined, an FTC spokesperson tells Polygon.

"The guides are guidance to help advertisers and endorsers comply with federal advertising law," said Betsy Lordan, with the FTC Office of Public Affairs. "They are not legally enforceable, and there are no monetary penalties or penalties of any kind associated with them."

Earlier this week, news hit that Microsoft and Electronic Arts were paying YouTubers to create videos to promote their games. Under the separate programs, the content creators were asked to disclose that relationship.

That's likely because of the 2009 revised guides released by the FTC for endorsements and advertising. According to those guides, paid endorsements are fine as long as the fact that a endorser is being paid is "clearly and conspicuously" disclosed. Lordan declined to comment on whether the disclosure in these cases met that requirement.

http://www.polygon.com/2014/1/23/5337574/the-ftc-on-paying-youtubers-to-endorse-games
Click to expand...
 
E

epmode

Member
Interestingly, after EA’s deadline on November 29, all of these YouTube producers started criticizing Battlefield 4 and its numerous problems. Up until then, they never said a word about the glitches, just as EA’s contract said.
Click to expand...

Keep it classy, guys.
 
K

kittens

Unconfirmed Member
Regardless of the rules, it's a shitty and deceptive practice.
 
B

Branduil

Member
"The guides are guidance to help advertisers and endorsers comply with federal advertising law," said Betsy Lordan, with the FTC Office of Public Affairs. "They are not legally enforceable, and there are no monetary penalties or penalties of any kind associated with them."
Click to expand...

Is it just me or does this quote not make any sense whatsoever.
 
P

PBY

Banned
Jintor said:
They did break the rules, but the rules aren't legally enforceable and have no penalties associated with them.
Click to expand...

What I meant to say. This was my whole point in the other thread- despite how shitty these practices are, their lawyers know more than online commentators know.
 
S

Speedy Blue Dude

Banned
kittens said:
Regardless of the rules, it's a shitty and deceptive practice.
Click to expand...

Jintor said:
They did break the rules, but the rules aren't legally enforceable and have no penalties associated with them.
Click to expand...
They aren't rules, they're GUIDES. Companies don't have to follow them, and they didn't.

I didn't know this wasn't illegal, huh. My only issue with Microsoft and EA (and whoever else does this) was that it was "illegal", and now it apparently isn't.
 
baphomet

baphomet

Member
Good, hopefully these youtube channels are fined into nothingness. We already have enough reviewers being paid off for shit. The last thing we need are more people hiding the fact theyre taking bribes.
 
J

JABEE

Member
Branduil said:
Is it just me or does this quote not make any sense whatsoever.
Click to expand...

They are also not allowed to comment on ongoing investigations.

There is also a difference between FCC guidelines posted on their website and what the underlying laws. There are no fines associated with the guidelines that appear on the site, but there may be punishments for illegal advertisements and cases of consumer deception.
 
P

PBY

Banned
Speedy Blue Dude said:
They aren't rules, they're GUIDES. Companies don't have to follow them, and they didn't.

I didn't know this wasn't illegal, huh. My only issue with Microsoft and EA (and whoever else does this) was that it was "illegal", and now it apparently isn't.
Click to expand...

I feel the opposite. I assumed it was legal, knowing the quality of their legal departments. I still think its pretty gross.
 
J

Jintor

Member
Speedy Blue Dude said:
They aren't rules, they're GUIDES. Companies don't have to follow them, and they didn't.
Click to expand...

As long as they're not 'laws', you're just talking semantics really.

However, given that the rules are intended to help companies not breach the actual law, theoretically EA and Microsoft could have breached the actual law. But I don't really know US Advertising law at all... I'd assume a misleading and deceptive conduct dealy, but that'd be in my country.

Actually - that's a good point. Could they be sued for misleading and deceptive conduct in another jurisdiction if the conduct in question is accessible internationally? Surely not, right, because that would open up some crazy jurisdictional issues. But if the product is buyable in those territories, as is the conduct, then...?
 
M

Metalingus5150

Member
Speedy Blue Dude said:
They aren't rules, they're GUIDES. Companies don't have to follow them, and they didn't.

I didn't know this wasn't illegal, huh. My only issue with Microsoft and EA (and whoever else does this) was that it was "illegal", and now it apparently isn't.
Click to expand...

So you're cool that they're bribing people now that it isn't illegal?
 
SmokedMeat

SmokedMeat

Gamer™
I was wondering why I never saw JackFrags say a peep about the myriad of issues with BF4. Looks like I'll be unsubscribing.
 
K

Kintaro

Worships the porcelain goddess
baphomet said:
Good, hopefully these youtube channels are fined into nothingness. We already have enough reviewers being paid off for shit. The last thing we need are more people hiding the fact theyre taking bribes.
Click to expand...

Who is going to fine them, exactly?
 
J

JABEE

Member
Speedy Blue Dude said:
They aren't rules, they're GUIDES. Companies don't have to follow them, and they didn't.

I didn't know this wasn't illegal, huh. My only issue with Microsoft and EA (and whoever else does this) was that it was "illegal", and now it apparently isn't.
Click to expand...

I thought you didn't have any issue with this.

There are actual laws related to advertisements. The FTC's guidelines are a guide for businesses to follow to avoid breaking actual laws that exist on the books for deceiving or illegal promotions.
 
B

benny_a

extra source of jiggaflops
Just because the guidelines aren't enforceable doesn't mean what they did wasn't illegal.

They can still be charged under the FTC Act for violation of federal law.

peterb0y said:
It doesn't look like they violated that though.
Click to expand...
Based on what?

The guidelines are an interpretation of federal advertising law. So your reply must be a bit in-depth, as I'm inclined to believe the FTC interpretation as I'm a layperson.
 
C

Clarkus Darkus

Member
Go old school..............play the game yourself instead of watching someone else play it an tell you about it.

Higher you go the more corrupt it gets and doesnt get higher than MS/EA/YT
 
Bboy AJ

Bboy AJ

My dog was murdered by a 3.5mm audio port and I will not rest until the standard is dead
I'm glad they named the YouTube channels. Integrity is the main reason I watch YouTube channels. None of the guys I'm subscribed to are involved. Cool.
 
P

PBY

Banned
benny_a said:
Just because the guidelines aren't enforceable doesn't mean what they did wasn't illegal.

They can still be charged under the FTC Act for violation of federal law.


Based on what?
Click to expand...

The fact that its on the FTC to enforce their enabling act, and they don't seem to care?
 
B

Branduil

Member
benny_a said:
Based on what?

The guidelines are an interpretation of federal advertising law. So your reply must be a bit in-depth, as I'm inclined to believe the FTC interpretation as I'm a layperson.
Click to expand...

Dude they have lawyers. Have you ever known anyone with a lawyer who broke the law? Exactly.
 
M

Mrbob

Member
JackFrags, I am done with you. Unsubscribing to your channel. Also, FrankieOnPC is pretty bad too:

From FrankieOnPC (only says positive things, despite the game being unplayable at that time. He actually even says “I’m not paid to say this” in one of his videos)
Click to expand...

Shameful. Hope ruining your integrity was worth the extra cash.
 
J

JABEE

Member
Untalkative_Bunny said:
The guides aren't, but federal advertising law is.
Click to expand...

This. I think the Polygon article created a bit of confusion about this fact. Microsoft and EA could very well have broken the laws with their promotions. It's just that the guidelines themselves are not the law.

The guidelines are scenarios that the FTC believes to the modern interpretation of the law as it extends to Mommy Bloggers and people who run YouTube channels.
 
C

Celegus

Member
I don't know who any of these people are, but it doesn't seem that surprising that this kind of stuff happens. Grain of salt, and all that.
 
N

nib95

Banned
benny_a said:
Just because the guidelines aren't enforceable doesn't mean what they did wasn't illegal.

They can still be charged under the FTC Act for violation of federal law.


Based on what?
Click to expand...

I was going to say. Otherwise these rules are as good as pointless. How do they get charged then? What is the procedure with which they can be punished regarding this? Because it's quite clear that what they did, did in fact break the rules.
 
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