Yesterday, I mentioned the idea that people should have to notate their Tweets in some way – or make some other kind of disclosure – to let their followers know when they post affiliate links or have some other kind of financial incentive in posting certain links or Tweets. Here’s why I think notating posts is a bad idea…

Now, as you may know from reading Kikabink News, I am dead against marketers misleading or deceiving consumers. I support the idea of bloggers, reviewers and others being transparent with their readers about any financial incentives they may have for promoting certain products or services.

Furthermore, as a lawyer who has specifically advised and even trained corporate clients on how to avoid engaging in misleading and deceptive conduct, I probably have a more expansive view about what constitutes misleading and deceptive communications than the average Internet marketer.

But I also believe in personal responsibility. And when it comes to Twitter – where people voluntarily follow others, and where it’s fairly obvious as to who they are following and the kinds of Tweets those people make – I am straining to see the need for Tweeters to have to spell out to their followers that their links are affiliate links or that they are Internet marketers trying to promote a product or service.

If I pro-actively follow someone on Twitter and notice that they are constantly Tweeting links for this product or that product… don’t I get the sense that maybe they have a stake in what they are promoting? Don’t I become a tad skeptical about how objective they are? Don’t I ‘get’ the fact that they are an affiliate and/or a marketer in the business of promoting products and services?

And if I don’t like it, can’t I just ‘unfollow’ them?

Or, turn it around: within the confines of a relationship built on intermittent Tweets of 140 characters, is it really likely that someone will be misled or deceived into thinking that a Tweeter who sends out promotional Tweets is doing so only for the entertainment or educational benefit of the follower?

Who are we kidding here? Does anyone honestly think that people who use Twitter – especially those who use their company or brand name, or who describe themselves as Internet marketers – don’t have any kind of self-serving objective in mind when they post links to offers, products or services?

And does anyone who starts following someone who sends out such marketing Tweets – including links to offers or products – honestly think that such a Tweeter isn’t hoping to get some kind of financial benefit somewhere along the line?

Remember, we’re talking about people who VOLUNTARILY follow other people and who can UNFOLLOW at any time.

Of course, if someone posts ‘Free car for everyone who clicks on this link’ and no car is forthcoming, then that IS misleading and deceptive.

But if someone posts, ‘Great video on social media marketing’ with a link that just happens to be an affiliate link, does that person really have to include ‘aff’ or ‘spon’ or whatever to disclose their financial interest in the Tweet?

Is that person really misleading their followers because they are creating an impression of objectivity when, in fact, they have a subjective interest in people clicking on the link?

No! Firstly, the Tweeter hasn’t said anything that isn’t true, and secondly, they have NOT conveyed the impression of being objective.

Remember, I’m not talking about lying in a Tweet which IS misleading and deceptive under Australian law and probably under U.S. law and the law in other jurisdictions. I’m talking about the capacity of someone to be misled by the mere fact of a Tweeter recommending a link without disclosing that it’s an affiliate link.

I can hear the complaint now:

“John recommended I buy a product and I clicked on the link and bought it… but I didn’t know that John was an affiliate…even though John is constantly posting Tweets recommending various kinds of product and services… and, oh yeah, it says in his bio that John is an affiliate marketer… and, yes, I signed up to follow John’s Tweets because I was interested in his product recommendations… but I was still misled, I really was!”

Doh!

People may have the right to know the motive behind someone posting links to product and service offers… but they also need to take responsibility to recognize the motive when it’s just plain obvious.

Related Articles:

• Dell Claims $6.5 Million Revenue From Twitter
• Affiliate Marketers Caught In FTC Crossfire?
• Why Is Marketing So Regulated?
• Twitter Users Want Companies To Answer Them
• 5 Ways To Measure Social Media Success

This entry was posted on Tuesday, July 28th, 2009 at 5:00 pm and is filed under Law, Social Media. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.