The Federal Trade Commission (FTC) has issued clarification on new rules designed to force more complete disclosure of payments, freebies, endorsements and product review procedures on blogs.  Here is the FTC file (a PDF) for download.  The rules take effect on 1 December 2009 and involve fines of up to $11,000 for violators. Yes, of course enforcement seems impossible, but the rules are there.

I think this will have an impact on tourism industry press trips/”fam” (familiarization) tours, which some (like UK blogger Darren Cronian) consider not much more than blogger payola.

From a CNN/Money article on the FTC guidelines:

“The test here is, if the relationship were known between the blogger and the advertiser, would that affect the credibility of the endorsement?” [emphasis mine] FTC assistant director of advertising practices Richard Cleland told CNN. “That question has to be determined on a case by case basis. What we have produced is a general guidance that says in certain cases receiving a free product is not any different than being paid directly for an endorsement.”

Is a free press trip/fam tour – with lodging, meals, attraction entry fees and transportation all provided by a DMO (Destination Marketing Organization) – considered “payment in kind” and does going on such a trip and writing positive words about what you experience there a form of paid endorsement?

My personal belief….you bet it is.

Other writers and bloggers disagree vehemently with me, and they say that they can maintain their objectivity on such trips. That’s great; more power to them as long as they disclose.  The press trip model works well for a lot of interest groups and I don’t see the market for it going away, although I’m certainly not the first writer to feel uncomfortable about it.

I personally have a harder time with the vaunted objectivity goal, because while it’s easy to write superlatives when you have nice experiences, it is much harder to be critical when your experience is lacking.  What ends up happening is that most writers simply don’t write about “the bad stuff,” out of understandable concern and respect for their kind and generous hosts.

The problem is – just like making no decision is, in fact, a decision – it is in those unwritten posts, those criticisms left unsaid, where at least some of the travel truth lies.  I addressed such issues in detail in one of this blog’s most highly-trafficked posts:  Are blogger fam trips a good idea, or are they Jurassic PR?

I’ve been on three press trips myself: to Williamsburg VA, Hutchinson KS and to Hawaii along with my son.  They were well-run tours, I enjoyed myself and I met many marvelous, hard-working tourism professionals. I disclosed my compensation for each trip to the best of my ability, although I probably need to go back and re-check all of my posts (on two different travel blogs) to make sure I was clear, and add a disclaimer if I wasn’t.

Here’s one version of what I put on every post from Hawaii:  Just So You Know Disclaimer:  The Hawaii Tourism Authority through Cilantro Media is paying my way to Hawaii, and also paying most of my expenses while I am there including lodging.  I am contributing to my son’s expenses. The point of the trip is to bring experienced bloggers and communicators to the islands to talk about what we see; my primary focus will be on travel with kids. No one has told me that I cannot post negative information. No one has told me that I must say positive things.  I will be as objective as I can possibly be.

After putting a lot of thought into the topic while writing the “Jurrassic PR” post, here’s where I stand right now on press trips:

“For myself; I am willing to consider going on future blogger fam trips, but I won’t seek them out. I will still produce content (print/online articles, blog posts, photos, videos) from the Virginia, Kansas and Hawaii trips, and I will still clearly disclose when my travel was paid for, but I now plan to redouble my efforts to make enough money through my consulting and freelance work so that I can pay for my travel on my own.”

Want to help me in that self-funding endeavor? Go sign up for my social media expertise, along with Becky McCray‘s, on our Tourism Currents membership site.  :)

I’ve also proposed a blogger ethics panel (Can They Buy Your Voice?) for the South by Southwest Interactive (SXSWi) tech conference in March 2010;  we’ll know soon whether it was approved or not. If it is, I predict a lively discussion, which is perfect. The more open discussion, the better.

Meantime, tourism organizations need to take a hard look at how their press trip hospitality is disclosed by the journalists, writers and bloggers that they invite. The days of “wink, wink, nudge, nudge – don’t ask and don’t tell” may soon be over. I’m not so naive as to think that current arrangements won’t persist; I just want disclosure of those arrangements.

Ironically, this means that bloggers now have more stringent disclosure rules than almost any magazine or newspaper I’ve ever read.

Fine.

Tell me your biases and good deals upfront, and I’ll judge your content worthiness for myself. I’d rather see honest blog posts than pretty magazine words and pictures that came from tourism board hospitality, but no one will confess to it.

One of the world’s biggest and best tech conferences is South by Southwest Interactive (SXSWi) held every March in Austin, Texas.

I recommend it for anyone who wants to be immersed in the future of communications as it is happening right now.

Remember….Twitter was first truly introduced (hyped?) at SXSWi. Cutting edge shows up there first.

I spoke with fellow writer Pam Mandel at SXSWi 2009 about travel blogging; our panel was livestreamed on Qik by Todd Lucier and got some favorable coverage from UpTake, the Austin American-Statesman, attendees in the room and those watching the hashtag on Twitter.

This year, I proposed two different panels to be considered for inclusion in the conference schedule.

At SXSWi, response from the community-based Panel Picker voting public “….accounts for about 30% of the decision-making process for 2010 SXSW panel programming,” according to the SXSWi Frequently Asked Questions (FAQs.)

So, if you’re interested in my ideas, particularly if you might attend SXSWi, please register for free on the Panel Picker site and take a look at these possible panels (and any others that interest you….)

• Can They Buy Your Voice?  Blog Disclosure Ethics:  We’ll talk about “best practices” for disclosing sponsor help in a blog post and how companies can reach out to bloggers ethically with products and service demos, among other knotty questions. Will include a discussion of press trips.
• Drawing the Line Between Free and Paid: Are there some “rules of thumb” to know when it’s smart business to let one’s brain be picked for free, and when it’s smart to announce rate sheet fees? How can you turn the conversation from a free discussion to a paid consultation without being “that guy?”  Content DOES have value.

Thanks for your support, and hope to see you in Austin in March 2010.