YouTubers have to declare ads. Why doesn't anyone else?
Tom Scott Tom Scott
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 Published On Feb 15, 2021

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?

đź‘Ąđź‘Ą CREDITS đź‘Ąđź‘Ą

Written and performed by TOM SCOTT https://www.tomscott.com/
Script assistant ANDREA MARKS
Animation BILLY CRINION   / billycrinion   and WILLIAM MARLER https://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 https://www.benjaminsquires.co.uk/

Thanks to EVAN EDINGER, JESSICA ENDOYAN, CHRISTINA HERNANDEZ, the TINY SPECK team, and SAM VALIANT

© Pad 26 Limited MMXXI

đź“„đź“„ SOURCES đź“„đź“„

đź’µ PAYMENT AND CONTROL
Lonnie Donegan changing Spearmint: mentioned in a lot of places, but I can't find a contemporary account.
Ray Davies flying:   / 1265203792754212864   and https://www.cbc.ca/radio/undertheinfl...
BBC trademark policy: https://www.bbc.co.uk/programmes/arti...
Pitbull and Kodak:   / 16567622829080576  
Pitbull and Voli: http://web.archive.org/web/2020041313... "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: https://news.google.com/newspapers?ni...

✔️ YOU HAVE TO DECLARE IT
US Code Title 15: https://www.law.cornell.edu/uscode/te...
Nikkie de Jager, One Dip Makeup Challenge:    • ONE DIP Makeup Challenge! OMG! | Nikk...  
Disclosures 101 for Social Media Influencers [PDF]: https://www.ftc.gov/system/files/docu...
An Influencer’s Guide to making clear that ads are ads [PDF]: https://www.asa.org.uk/uploads/assets...
The FTC’s Endorsement Guides: What People Are Asking: https://www.ftc.gov/tips-advice/busin...
YouTube declaration: https://support.google.com/youtube/an...

❌ NO-ONE ELSE HAS TO DECLARE IT
McFlurry: https://adage.com/article/adages/30-r...
Snapple: https://www.reuters.com/article/us-30...
"Branded content pods": https://adage.com/article/media/snl-a...
Farrow and Ball: https://www.bournemouthecho.co.uk/new...
Branson cameo: https://www.cinemablend.com/pop/Brans...
Superman's $40,000: https://www.latimes.com/archives/la-x...
Bond placement: https://www.bbc.com/culture/article/2...
Lorraine Kelly's tax bill: https://www.theguardian.com/business/...

🎢 WE'RE GOING TO DISNEY WORLD
"Moms' conference": https://www.5minutesformom.com/disney...
SNT viewing figures: https://www.eveningexpress.co.uk/life...
"19 years in a row": https://www.chroniclelive.co.uk/news/...
"Can't find any other example" of the castle being covered: https://www.disboards.com/threads/ant...
Ofcom on product placement in UK TV: https://www.ofcom.org.uk/tv-radio-and...
"One article on a tabloid web site": https://www.thesun.co.uk/tvandshowbiz...

🇺🇸 THE LAND OF THE FREE 🇺🇸
FCC, "The FCC and Freedom of Speech": https://www.fcc.gov/consumers/guides/...
US Bill of Rights: https://www.archives.gov/founding-doc...
First Amendment exceptions: fact-checked by legal experts, but best summarised on Wikipedia: https://en.wikipedia.org/wiki/First_A...
Commercial speech: https://www.mtsu.edu/first-amendment/...
Communications Act 2003: https://www.legislation.gov.uk/ukpga/...
Animal Defenders International v United Kingdom: https://hudoc.echr.coe.int/fre?i=001-...
CMA, "Social media endorsements: being transparent with your followers": https://www.gov.uk/government/publica...
German product placement: https://www.grin.com/document/417399

đź“• CHAPTERS đź“•

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

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