Around the world, there are regulations for "influencers". Those regulations make sure that if someone is paid to endorse a product, they have to declare that payment to the people watching. But why does no-one on TV, or film, or anywhere else have to do that?
👥👥 CREDITS 👥👥
Written and performed by TOM SCOTT www.tomscott.com/
Script assistant ANDREA MARKS
Animation BILLY CRINION BillyCrinion and WILLIAM MARLER wmad.co.uk
Dubbing mixer GRAHAM HAERTHER
"Does the Spearmint Lose Its Flavor on the Bedpost Overnight" by Rose/Broom/Breuer (1924), arranged for orchestra by BENJAMIN SQUIRES www.benjaminsquires.co.uk/
Thanks to EVAN EDINGER, JESSICA ENDOYAN, CHRISTINA HERNANDEZ, the TINY SPECK team, and SAM VALIANT
Filmed safely: www.tomscott.com/safe/
© Pad 26 Limited MMXXI
📄📄 SOURCES 📄📄
💵 PAYMENT AND CONTROL
Lonnie Donegan changing Spearmint: mentioned in a lot of places, but I can't find a contemporary account.
Ray Davies flying: thekinks/status/1265203792754212864 and www.cbc.ca/radio/undertheinfluence/why-ray-davies-flew-26-000-km-to-save-lola-1.5009086
BBC trademark policy: www.bbc.co.uk/programmes/articles/5R152hTbVPQdYjn29q5jt4/16-songs-banned-by-the-bbc
Pitbull and Kodak: pitbull/status/16567622829080576
Pitbull and Voli: voli305vodka.com/ "Owned and operated by Armando Christian Perez, aka Pitbull"
Gucci on Lil Pump: no quotes, but given the lyrics and video, it's safe to say they didn't have control
YMCA reaction: news.google.com/newspapers?nid=1346&dat=19790329&id=M3VRAAAAIBAJ&sjid=uPoDAAAAIBAJ&pg=7192,10172867
✔️ YOU HAVE TO DECLARE IT
US Code Title 15: www.law.cornell.edu/uscode/text/15
Nikkie de Jager, One Dip Makeup Challenge: eefast.info/for/dXZhaKCGtqGrpM8/video.html
Disclosures 101 for Social Media Influencers [PDF]: www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
An Influencer’s Guide to making clear that ads are ads [PDF]: www.asa.org.uk/uploads/assets/uploaded/3af39c72-76e1-4a59-b2b47e81a034cd1d.pdf
The FTC’s Endorsement Guides: What People Are Asking: www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
EEfast declaration: support.google.com/youtube/answer/154235
❌ NO-ONE ELSE HAS TO DECLARE IT
McFlurry: adage.com/article/adages/30-rock-mcflurry-scene-paid-placement/134689
Snapple: www.reuters.com/article/us-30rock-idUSN2833828120071128
"Branded content pods": adage.com/article/media/snl-air-fewer-commercials-season/303697
Farrow and Ball: www.bournemouthecho.co.uk/news/18014632.saturday-night-live-sketch-features-farrow-ball/
Branson cameo: www.cinemablend.com/pop/Branson-s-Bond-Cameo-Was-Bought-1558.html
Superman's $40,000: www.latimes.com/archives/la-xpm-1989-03-08-ca-322-story.html
Bond placement: www.bbc.com/culture/article/20151001-does-bonds-product-placement-go-too-far
Lorraine Kelly's tax bill: www.theguardian.com/business/2019/mar/20/lorraine-kelly-theatrical-artist-tax-tribunal-judge-rules
🎢 WE'RE GOING TO DISNEY WORLD
"Moms' conference": www.5minutesformom.com/disneysmmoms/
SNT viewing figures: www.eveningexpress.co.uk/lifestyle/entertainment/saturday-night-takeaway-smashes-ratings-record-after-airing-without-audience/
"19 years in a row": www.chroniclelive.co.uk/news/tv/ant--dec-win-best-17648154
"Can't find any other example" of the castle being covered: www.disboards.com/threads/ant-and-dec-tv-show-live-from-magic-kingdom-in-april.3581535/
Ofcom on product placement in UK TV: www.ofcom.org.uk/tv-radio-and-on-demand/advice-for-consumers/television/product-placement-on-tv
"One article on a tabloid web site": www.thesun.co.uk/tvandshowbiz/10841854/ant-and-dec-trademark-name/
🇺🇸 THE LAND OF THE FREE 🇺🇸
FCC, "The FCC and Freedom of Speech": www.fcc.gov/consumers/guides/fcc-and-freedom-speech
US Bill of Rights: www.archives.gov/founding-docs/bill-of-rights
First Amendment exceptions: fact-checked by legal experts, but best summarised on Wikipedia: en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
Commercial speech: www.mtsu.edu/first-amendment/article/900/commercial-speech
Communications Act 2003: www.legislation.gov.uk/ukpga/2003/21/contents
Animal Defenders International v United Kingdom: hudoc.echr.coe.int/fre?i=001-119244
CMA, "Social media endorsements: being transparent with your followers": www.gov.uk/government/publications/social-media-endorsements-guide-for-influencers/
German product placement: www.grin.com/document/417399
📕 CHAPTERS 📕
00:00 Intro
00:58 1. Payment and Control
05:47 2. You Have To Declare It
09:17 3. No-One Else Has To Declare It
18:03 4. We're Going To Disney World
24:47 5. The Land Of The Free
31:15 Outro
YouTubers have to declare ads. Why doesn't anyone else?
26 174 Vaatamised 2,6 mln
"Influencers have to declare sponsorships clearly and up-front. Why doesn't that apply to any other medium?" would have been a much more accurate title, but alas, EEfast titles have to be short and catchy!
We gotchu fam
Because you guys haven't lobbied deep enough. Do you realize you're their competition? I don't have to watch the video but hey, is it easier than Time Zone logic?
btw north america does have a law that says paid promotion must be declared on all media ... yup those but wait theres more commercials are disclaimed as paid promotions ... just because the UK doesnt have them doesnt mean no one does ...
Great video! To look at all of this backwards, I wonder if there have been cases where influencers / media have paid (to create their media) to talk negatively of a brand and have been subsequently sued for slander
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11:46
You're right everyone should have to do it, or no one. I'm leaning on the side of everyone.
Tom Scott is a national treasure. Not my nation's national treasure, but a national treasure nonetheless. Appreciate him, Britain.
what beach was this recorded at? looks peaceful
The advert rules kind of blur the line on what a lie or deception really is. Or false pretenses. Lying, when made illegal, in the US comes with steep penalties. Many states don't have laws about lying to police, but the Feds can throw you in prison for several years for lying to them even though you're under no obligation at all to even talk to them. I'd be more comfortable with lies being punishable if they were misdemeanors. But then again some lies are the vehicles for theft, paperwork fraud, falsehoods to make a sale knowing the customer is basing their decision on the lie, otherwise known as separating a person from their money.
Hmmm. I get your point, but this would only be necessary if the world were mainly comprised of impulsive, superficial clueless dunces.... Which I would argue... may not be too far from the truth so i guess I forgot what I was trying to say now bye.
For real tho, I think the limitations make sense in the realm of political thought - though on the flipside, making law that regulates political advertising would allow a hegemonic political faction to maintain power indefinitely without contest simply by choosing who they decide to strictly implement their legislative shackles on. Sounds familiar.... Hmmmmm
I think r.e. The Disneyland thing, they perhaps got away with it by wording Disneyland less as a product but rather as a collaboration between two production companies. When Rick and Morty were in the opening sequence of the simpsons, you wouldn’t say that’s product placement. (I do think it’s very muddled and a bit morally bankrupt to shove adverts in faces that much)
Whilst it doesn't count as an advert, calling a box mod a "vape pen" could be breaking rules on obscenity.
When Tom said: "Is this an advert?" at 12:31 , I got an ad on the video 😂
Tom - your presentation has got me thinking, which I suspect was your goal. Your points are well taken, and well supported. While I too would prefer a set of universal media constraints - not necessarily *just* for product placements and concealed ads, I wonder whether the time and effort involved would be considered well invested. The technologies of media are changed so quickly, that "rules" set up today, simply may not apply at a future time when said technologies have evolved to effectively conceal such advertising. At 70 now, I've lived through enough revolutions, both social and technological, to know that they will continue to happen, often when we least expect or understand what's actually happening. When I was in school, we were taught to use slide rules for physics and math classes. At the time, handheld calculators were just showing up in the market - bulky battery operated affairs that varied greatly, depending on the brand and the cost. However, we were not permitted to use them in those classes! It violated school policies, as well as the teachers' preferences. Today in similar educational systems, each student is expected to have a high end cell phone, capable of doing tasks undreamed back in those days! What sort of technical achievements might the next generation (or two) be expected to have, and what sort of new tasks will be part of their daily lives? Rather than just advertising on TV, or on a EEfast video, I'd expect to see non-stop feeds of advertising directed at whatever the next cell phones are, and that those same ads will be seamlessly incorporated into most (or all) of the functions of said devices. Because such ad-streams are not broadcast over traditional TV channels, will they be subject to the same sorts of considerations? Probably not - so will one of the all-too-soon-to-arrive-future careers be in generating or possibly regulating that sort of streaming advertising directed at everyone's individual personal media device? I hope that you continue to consider all the possibilities, as well as the potential ramifications of the various forms of advertising that are surely coming down the pike!
Well you can't spell advertisements without semen between tits.
In many countries there must be inserts like "this video contains product placement", but, well, it's at the end and not at the beginning and not during the video. And sometimes it reads something like this: "the moderator wears clothing from ...", which is a way of sponsoring and declaring the sponsoring in one message. Well, that's not optimal. And in big cinema movies there is product placement all over the place, for example the cars and laptops in Bond movies - and they mention it at the end, I'm sure, but who reads these tons of texts at the end of big movies, well I might do to see if I catch something interesting. It's really shocking how many people have been working for one movie.
Brilliant mate! Simply brilliant! Well I think I found out how to deal with Google Talk to text. If I use a slightly British accent it seems to understand me better.
If it bothers you go find a real job
welcome to america . the land of the double standards . word trickery . the american dream is just that .. a dream , unattainable . where our countrys' biggest companies are advertising firms (google/youtube). UK having strict rules is a good thing. it doesnt allow companies to be as deceptive. over here in the states , they allow pharmaceutical companies to advertise their designer drugs even though taking them may result in growing extra limbs and even death. yes we have freedom of speech .... unless other people can hear you. just keep in mind that america is full of sh!t. just open your eyes and you can see right through our BS
The bed is a green screen because there is a green outline on Tom
Ok, so people can’t lie to manipulate the stock market, but can they tell the truth to manipulate the stock market?
i loved how you covered up the costa milkshake logo lmao
Loud af jesus.
The BBC had a monospony on it not a monopoly. It is a suddtle difference and a word that is now mostly forgotten. But still a cool word.
I want 'The Ring' doorbell sooo much!
great video
"Better get the Serious Toothpaste!"
Who cares about ad timing, Tom just took the fattest cotton rip I've ever seen
It’s time to play: Is This an Advert? ad plays
South Park was right. The ads are taking over.
UK has to have a "P" in the top corner to state product placement. Coronation Street does this, especially after they rebuilt the Street set and suddenly, Corrie has a Costa and a Co-op. 🤣🤣🤣
That little effort of American and British narration of the laws was smooth. It's the little tings!
Brilliant this. 👍🏻
I didn't get the ad everyone is talking about..
"America - The land of the free" should be in quotations
>Spending money shouldn't be considered speech. Absolutely untrue. When you donate to a political candidate, you are put onto a donor list. Could you imagine what would happen if spending money wasn't considered speech? People could aggregate a list of people who donated to a certain candidate and charge them or otherwise abuse them with government power. All so Disney doesn't get Tom Brady to say he's going to Disney World after his Super Bowl win?
The BBC are very good at advertising/promoting non fully tested, trial vaccines.
"Is this an advert?" EEfast - "i'm gonna play an advert here!"
The BBC had a monospony on it not a monopoly. It is a suddtle difference and a word that is now mostly forgotten. But still a cool word.
Right after "you have right to know when you are advertised" at 28:55 it showed "beginning of commercial 5.. 4.. 3.. 2.. 1.."
The erect periodical preauricularly remember because shark physiologically live down a spotty spruce. ablaze, knowledgeable tennis
i love how this all started with Tmartn and Syndicate when they didnt disclose that they owned the CS GO lotto site. Everyone went insane and since then people had to disclose it properly
Great intro
It's all about control. If you build your own ham radio, and start broadcasting; you can say whatever you like. The only way to stop you, is for someone to come break down your door. So the government won't usually bother you unless there is a really good reason. It's one of the benefits of having a well armed population that likes throwing tea into the harbors. :)
I've seen this arguement before, years ago. And from that I know why, at least here in America, TV and Movies don't have to do the same thing online media personal does. The answer, of course, is money. If Shows and Movies had to disclaim, up front, they were advertising. Then many people wouldn't watch those movies and shows anymore. So both A, the show/movie wouldn't make any money from Viewers. But also B, the companies who paid for the Advert wouldn't make any money or influence either and have ended up wasting money, and gained nothing. Those companies giving adverts, don't want that. They want to make money, they want their products known. And they used their money to make sure the FCC and other Government Entities don't ever make Laws restricting them.
Your stood in front of white cliffs. Is this a half hour long advert to promote the late Dame Vera Lynn’s greatest hits cd?
If lies didn't exist, neither would this video. To be clearer, all product placement would be genuinely what the person loves, paid or not.
P Law: That's all you need!
@16:00 i dont think thats the rationale. I think its actually a different issue altogether when it comes to the online spaces like EEfast. Its because a contributor who uploads and also has some kind of advert content in what they upload are actually in a small way becoming a sub-platform to the platform, in this case EEfast. This sets up a direct competition relationship at a certain level. I think this is the reason why these are treated differently. the other entertainment outlets dont take the shape of an advertising company in the way Google/alphabet, or any of these companies that sell your info to advertisers do. not making a case that its right, just pointing out something.
11:53 is that... a mech mod???
Totally agree with everything in this. I have to be more upfront about advertising to my 2k EEfast followers than giant multibillion dollar corporations. That seems strange to me.
28:06 - Ohhhh, after 28 mins I get why this was filmed somewhere in the SOUTH-EAST of England... Trollery aside, one of your best videos Tom... Keep it up!
11:48 Tom dies
Seriously, I'm not from the UK, can you tell me which one is Ant ans which one is Dec?
Is this Tom from myspace?
Everyone else does... This is stupid. The Phrase " AND NOW A WORD FROM OUR SPONSORS " Is synonymous with television! To imply that PAID AD SLOTS, are not a commonly understood thing is the height of ignorance.
"My usual apple ear buds"?
Here in Australia, we have a government broadcaster similar to the BBC called the ABC. We have had many competing commercial broadcasters for quite some time but the ABC has a similar history regarding advertising. I have always wondered whether it is advertising for a radio station to play music, that a listener may choose to purchase.
South Korea has been very strict about this, look it up Tom. It's really interesting.
I love your mock ads! They're dry comedy gold to my tired brain
Lovely, but we all know the big companies have too much control to ever let anything like this happen.
Seeing tom vape was something I do not want to see ever again.
12:28 "It's time to play: IS THIS AN ADVERT?!" * *cue actual ad* * lmfao well played, EEfast.
I don't think it makes a difference for a viewer whether the product in a video is paid promotion or honest positive (unpaid) endorsement of an influencer. That makes things even more complicated. What about paid review which results in negative opinion? Same goes for product placement- what if people simply like cliffs behind you at the end of the video and will want to travel there? How is it different for a vierwer if a local tourism agency paid you for filming there to promote the area?
"Disguised gambling game" is hilarious. What's truly sad is I've become so desensitized to those types of ads or sponsor spots, it took me a couple minutes to realize it was actually satire.
Sorry, but who really watches sport? The only interesting thing is if someone get hurt really bad...
This video isn't sponsored yet it kept popping off to my recommed even though I told youtube never recommend this channel nor I like this video. But Still.
i believe that its because a tv show is so massively expensive that it almost never can survive without sponsors so we already expect it from them while with an "influencer" we expect them to be genuine. its also a more immediate platform thus we are predisposed to see it as a more "real" opinion. if i
I’m sure lobbyists “law influencers” had nothing to do with these blatantly tilted laws.
I was really surprised when I watched Captain America: Civil War on Disney+ and they mentioned “paid promotion” in the warnings for the movie because of Cap stealing and driving (obviously with a lingering shot on the logo) a truck (I genuinely cant remember what company it was, I think either Ford or Toyota). Yet on Netflix when watching Quantico, where for multiple whole episodes they only referred to a truck the main character stole and was driving as “the blue Tacoma”, and had many lingering shots of the logo or the Tacoma name on the side, yet no warning was there. The enforcement is clearly not consistent or is just entirely not there and for once in their life Disney decided to err on the side of good
One of the best YT videos I accidentally clicked on 👍well done!
The vape part killed me. THAT RDA MOD THO
Geez, the amount of big you tubers in the comments is astounding.
I think it's safe to say all forms of media that take money for advertising should be declaring it.. But I believe the main reason why social infuencers need to be extremely clear about it, is because an overwhelmingly large portion of their audience is comprised of very impressionable children.. Call me a liar... This Social Media age has become an advertising monster.. Right now you'd be hard pressed to find a child anywhere in the world that isn't "Influenced" by someone on the internet.. Most children have been raised by them... I know it's good money and the majority of them have worked hard to get where they are, but honestly, being a "Social Influencer" has to be one of the grossest jobs in history.. They are all one notch above predators handing out candy from a van... And the companies paying them all to advertise are no better. Big corporations have been trying like hell to find a way to advertise to kids forever.. Now they have it.. That's why you have a job, Tom Scott. Sleep well.
Well I liked the video because I believe it to be a very good argument but I disagree for a couple reasons. I believe that people should be able to advertise whatever they want and they don’t have to say anything about them gaining anything from it but I do believe this should apply to anyone not just super rich people and corporations. Now it’s up to the people who watch tv and entertainment to do their due diligence and figure out if what they want to buy is truly worth it. It is my opinion that people should take responsibility for their own well being and their own money.
If a person is PAID to PROMOTE an item, then yes, they should declare it. Otherwise, If they bought a product with their own money, then they shouldn't have to declare it. I buy Mt Dew once in a while, but most of the time, I make sweet tea. If I happen to have a bottle of Mt Dew in my video, it's because I BOUGHT IT with my OWN money. Should not have to be declared. It's really simple. EEfast is getting too big and needs the snot kicked out of them by the creators. Now if a youtuber is a reviewer, and they receive an item for a review, they should at least say it was sent to them for review, and then they should give an HONEST review of it. If the company sends an item for a positive review, then the reviewer should send it back.
The intro. Absolute gold.
Tom vaping gave me courage that anyone can be sober lmfao. 11:45
"Time to play - is this an advert?" *2 youtube ads pop up*
As a kid, I knew even home video games cheated but we owned those cartridges. The nature of Arcade meant it was a scam to cheat you out of quarters! I think Asphalt 8 was the game that made me let go! Now Pay to Win is the true name of cell phone games!
6:05 i know that bedroom and idk where from (wait it's evan edinger's omg)
Hi, i have a question about your mouth operated fog machine, is that safe? I a trying to find ways to avoid peer pressure by saying I dont do things like 0% alcohol beer and a mouth operated fog machine would fit that mo.
yooo tom be gameing doe
Absolutely no reason that the sponsors can't be posted during the opening credits.
What're the edge cases to those regulations? Like at what point would a EEfastr vs a movie get in trouble for an extra or a rando walking past while using a product or do they have to be interacted with by the main cast to be something of significance?
Main problem I have is two different sets of standards for individual influencers and for large entities. There should be one consistent set of regulations for everyone
its like how gambling sites use their '.net' address with only play money for advertisements but then offer real money games on their '.com" site
14:47 Superman head-butted the habit.
Since money can distort the public forum so much, isn't the evil in question rather obvious? By allowing more affluent entities greater influence, you allow them an extent of control that may be rather small but is often rather large (see corporate media) and is distinctively undemocratic. In Germany for example, threatening the democratic, Liberal order of the state is grounds for an organisation to be banned (see the KPD which was forbidden in 1956). The USA have similarly if not more so cracked down on Communists during the Cold War, so they should have similar rules in place that have already been applied in the past.
28:02 Liberals destroyed
Are you related to Barry scott
I didn't have one yes or no advert right
On one hand, this video may help inspire the UK to tighten their advertising restrictions on other forms of media outside of the internet. On the other hand, this video may inspire influencers in the US to start a class action lawsuit to repeal the US's influencer restrictions.
Great video Tom, I wonder if the reduced regulation on tv has anything to do with soap companies creating soaps....chicken or the egg scenario with advertising and shows...
"I am morally complicit in this"
I just assume any brand name I see might be an advertisement.
So funny that this upload is full of ads..
If people are stupid enough to not think about things and that leads them to buy products because someone else used them then too bad, if someone lies to sell products then they should be dealt with.
I pay for EEfast Premium, and so I am not supposed to have commercials. Now I visit your channel and I have to sit through sponsorship. I would rather have a warning so I can move past your video.
Ok. so I am further in the video. The question should be more like "why does the GOVERNMENT require discloser for ads and not film, tv and other forms of traditional media... makes more sense now!
11:47, my favorite moment.
Im probably wrong, but maybe the rule for a social media influencer to disclose ads on yt is for younger audience, I would be inclined to believe "adults" would know what an ad is and that the influencer probably doesn't care about the product or game or whatever. Idk
I think you shouldn't have to disclose anything, but the double standard is troublesome.
The UK restrictions on political advertising only restrain challengers, since officeholders or famous people need only appear at functions looking good, to get tons of free publicity, to boost their personal brand. Politicians know this and use it everywhere.
scot is getting old