US rules around branded audio content - podcasts/radio

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Radio and Podcast Audio Mediums - Rules and Laws: Branded Content

While we were unable to find the difference between FTC and FCC laws and rules among radio and audio podcasts marketing medium, the Federal Trade Commission (FTC) has rules similar to the FCC. The FCC does not regulate podcasting; while the FTC policy mandate all influencer to disclose endorsement for which anything of values has been received.

METHODOLOGY

We began our search for how radio and podcast audio mediums are treated differently by the FTC US laws and the difference between FCC rules for podcasts and radio broadcasts for branded content and influencer advertising matching the request's criteria by combing through government websites like FTC, FCC, and FTC US Commission Act, Legal and Regulatory Agencies website like Kelly Warner Law website, Broadcast Law Blog, Annual Reports, and other credible sources. However, there was no valuable information regarding FTC US laws when it comes to branded content for radio and podcast audio mediums.
Next, we searched for the official websites of associations and organizations related to the branded content and influencer advertising, like Wiley Rein, Tap Influence, and others. For the most part, the published articles we came across were mostly referencing the information we already utilized like the do’s and don’t of the influencer social media rules and the FCC regulatory rule for radio and television broadcast with no relevant result referring to laws and rules of audio podcast medium; therefore, this strategy was unsuccessful.
Following the unavailability of the FTC US laws, and the difference between FCC rules for podcasts and radio broadcasts for branded content found utilizing the previous strategies, we resorted to paywall attempts. We leveraged advanced search techniques on WARC to identify case study of FTC US laws in the radio and audio podcast advertising industry. In light of this, we were unable to provide any difference between FCC rules among podcasts and radio broadcasts in branded content advertising.
Continue below for our key findings.

FTC RULES FOR SOCIAL MEDIA INFLUENCERS

FTC US regulatory agency works to protect consumers by preventing unfair and deceptive business practices. FTC influencer marketing is concerned about truth in advertising. It doesn’t want influencers to mislead their followers, either accidentally or on purpose. Some FTC US rules include:
  • Disclose a relationship with the brand.
  • Use of hashtags for clarity.
  • Provide a detailed story of the content.

Sources
Sources

Quotes
  • "FCC does not regulate podcasting."
  • "Broadcasters are familiar with the FCC requirements for the identification of those who provide something of value to a station in exchange for any on-air content. While the FCC does not regulate podcasting, those issues cannot be ignored even in this online medium."