FTC Enforcing Penalties Against Misleading Reviews

I have made a number of posts over the years on the practice of contextomy which is the practice of selectively editing quotes, often in connection with movie and show reviews, to make it appear reviewers enjoyed what they saw.

Or I should probably say that is the usual practice. Recently, the movie trailer for Francis Ford Coppola’s Megalopolis created fake negative quotes to suggest the director has been underestimated in the past.

Entertainment lawyer Gordon Firemark recently called attention to new Federal Trade Commission rules (FTC) regarding the buying and selling of fake reviews and testimonials. While the rule has a relatively wide application, (unsurprisingly inaccurately excerpting movie critic reviews in ads is the first example listed as a violation), Firemark addresses it in regard to reviews for podcasts and similar content.

Firemark writes:

Creators who engage with these promoters or otherwise participate in the purchase of fake reviews are now squarely in the FTC’s crosshairs. The FTC has made it clear that ignorance is no defense; if you’re benefiting from fake reviews, even if you didn’t personally buy them, you could be held liable. This could result in hefty fines, legal action, and irreparable damage to your brand’s reputation.

He lists a number of practices podcasters can employ– mostly avoiding the temptation to buy reviews, vetting promoters, focusing on creating good content, and encouraging sincere reviews.

About Joe Patti

I have been writing Butts in the Seats (BitS) on topics of arts and cultural administration since 2004 (yikes!). Given the ever evolving concerns facing the sector, I have yet to exhaust the available subject matter. In addition to BitS, I am a founding contributor to the ArtsHacker (artshacker.com) website where I focus on topics related to boards, law, governance, policy and practice.

I am also an evangelist for the effort to Build Public Will For Arts and Culture being helmed by Arts Midwest and the Metropolitan Group. (http://www.creatingconnection.org/about/)

My most recent role was as Executive Director of the Grand Opera House in Macon, GA.

Among the things I am most proud are having produced an opera in the Hawaiian language and a dance drama about Hawaii's snow goddess Poli'ahu while working as a Theater Manager in Hawaii. Though there are many more highlights than there is space here to list.

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