[HN Gopher] YouTubers have to declare ads. Why doesn't anyone el...
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       YouTubers have to declare ads. Why doesn't anyone else? [video]
        
       Author : zinekeller
       Score  : 240 points
       Date   : 2021-02-15 17:01 UTC (5 hours ago)
        
 (HTM) web link (www.youtube.com)
 (TXT) w3m dump (www.youtube.com)
        
       | natureboy21 wrote:
       | Because regulations are primarily about protecting the status quo
       | in an industry and best case only distantly secondarily about
       | protecting consumers
        
         | whatshisface wrote:
         | A slight inclination to protect consumers from the worst
         | excesses of the regulated stems from a desire to prevent the
         | public from getting mad enough to demand change. The distant
         | second, therefore, follows the first.
        
       | ymbeld wrote:
       | I think advertisement should be banned outright. Wouldn't miss
       | it.
        
       | jimnotgym wrote:
       | I have to admire Tom Scott for his monologues. Long, edit free,
       | pieces to camera are a really pro move, and so rare on YouTube.
       | There is so much prep needed to make that happen. What a star.
        
         | LordDragonfang wrote:
         | He'll often include a little bit at the end of him verbally
         | celebrating when he gets it in one take, and it's always
         | delightful.
        
       | [deleted]
        
       | eCa wrote:
       | Tom Scotts channel is pretty much filled with short, nerdy and
       | well-made videos. Highly recommended.
        
         | unfunco wrote:
         | He's a national treasure.
        
           | wendyshu wrote:
           | Why national?
        
         | ymbeld wrote:
         | Pretty overrated.
        
       | jariel wrote:
       | This guy is an amazing content creator why doesn't the BBC pick
       | him up?
       | 
       | There's a guy called 'Captain Disillusion' or something like that
       | who makes these amazing shows about visual effects that remind me
       | of some of the scientific programming on CBC when I was younger.
       | Why don't they pick him up? His 1-man show is better than most of
       | their expensive content.
       | 
       | [1] https://en.wikipedia.org/wiki/Captain_Disillusion
        
         | progre wrote:
         | Tom Scott had a TV career I think? I doubt he'd be interested
         | in taking it up again, seeing that he does quite well for
         | himself on youtube.
        
         | rcxdude wrote:
         | It's entirely possible they wouldn't be interested. The
         | successful youtube channels can easily pull in more than they
         | would be paid on the BBC, and they would have less control over
         | what they are creating. (For an example who have explicitly
         | talked about this: the people behind the Corridor Digital
         | channel recently got very close to signing a deal to produce a
         | film with a traditional hollywood source, but decided against
         | it to go their own way independently)
        
           | jariel wrote:
           | That makes sense, but that gives him a lot of leverage.
           | 
           | He can get a fat cheque, with a big production team and set
           | his own terms if he's in a position to do it.
           | 
           | Or - he can literally make the same stuff, but have it under
           | BBC terms.
           | 
           | I feel there is something better than YouTube for these types
           | of shows.
           | 
           | I think the jump between TT/YT and broadcast is too big.
        
       | pjc50 wrote:
       | Depends on your country; I'm quite happy with the UK's
       | restriction on adverts, including a ban on advertising
       | prescription meds at all, and restrictions on product placement.
        
         | globular-toast wrote:
         | If you watch the video you'll see examples showing that law has
         | essentially disappeared in the UK. I haven't watched TV for
         | more than a decade so I was unaware of this, but it's clear
         | that TV in the UK can now do product placement, even on the
         | BBC.
        
         | rozab wrote:
         | Part 4, starting at 18:03, details how UK TV shows can
         | completely bypass the rules. I found it very convincing, and I
         | now think our rules are insufficient.
        
         | fsckboy wrote:
         | just to be clear, the video/blogger that this discussion is
         | about is also from the UK and this video is about his
         | unhappiness
         | 
         | figured i'd just edit my comment here to add another topic: the
         | video says the lyric "does your Spearmint lose its flavor on
         | the bedpost..." was changed to "chewing gum" because Spearmint
         | was a trademark, which was banned on UK radio. The wikipedia
         | article does not mention Spearmint being a trademark.
         | https://en.wikipedia.org/wiki/Spearmint Anybody know the story?
         | [did more research, perhaps the answer is that Wrigley's
         | trademarked the "arrow" design surrounding the word spearmint
         | on the label, the arrow presumably an analogy to a "spear"]
        
           | dcomp wrote:
           | Most likely because spearmint was short for Wrigley's
           | spearmint which was trademarked. I don't think spearmint
           | chewing gum was a generic term at the time. Similar to how
           | sellotape(TM) was trademarked but now cellotape is a generic
           | term.
        
           | [deleted]
        
           | Jiocus wrote:
           | I think it's the other way around. The BBC public radio are
           | (were?) not allowed to condone -any- private businesses or
           | products.
           | 
           | Then it get's a bit tricky. Trademarks are a consumer
           | protection device which affords the consumer to differentiate
           | between competing products.
           | 
           | As the song appeals to a chewing gum, and it's assumed that
           | the general public are aware of one brand, two brands or 50
           | brands of spearmint-flavoured chewing gums for purchase - the
           | radio may reason that the lyric would be unfit according to
           | their mission.
           | 
           | It's less about any actual trademark such as a Spearmint(r)
           | Chewing Gum, than it is a public association to some marketed
           | goods (and the BBC's stated mission to not condone such).
           | 
           | This is just a random reasoning of mine, so a grain of salt
           | etc.
           | 
           | This entry mentions this: https://en.wikipedia.org/wiki/Does_
           | Your_Chewing_Gum_Lose_Its..., but the issue is marked
           | 'dubious'.
        
         | earthboundkid wrote:
         | That the US allows ads for prescription drugs is totally
         | indefensible. When I lived in Japan, it took me a while before
         | I realized that all the drug ads were ending with the
         | equivalent of "over the counter" because advertising
         | prescription drugs was illegal. Once I figured it out, it made
         | me wonder why the US would possibly have a different law. It's
         | crazy!
        
           | wendyshu wrote:
           | What's wrong with ads for drugs?
        
             | p1necone wrote:
             | Because prescription drugs are supposed to be prescribed by
             | a doctor with actual medical knowledge. Average joes
             | watching ads shouldn't be deciding what _prescription_
             | drugs their doctor gives them.
        
               | [deleted]
        
           | m463 wrote:
           | It's interesting to go elsewhere in the world and see
           | advertisements for say hard alcohol.
        
             | Animats wrote:
             | The US has ads for hard alcohol. They were never illegal,
             | but it took until 1996 until the booze industry decided
             | that they weren't going to trigger a return to Prohibition
             | by advertising on TV.
        
               | m463 wrote:
               | I haven't seen any, where would you look?
        
               | tekromancr wrote:
               | I see ads like that all the time. Never see anyone
               | drinking the product, just sophisticated looking adults
               | mingling intercut with shots of liquors being poured into
               | glasses.
               | 
               | And then a voice at the end saying "please drink
               | responsibily"
        
               | [deleted]
        
           | Animats wrote:
           | Prescription ads to consumers were legalized in the US in
           | 1985. "Deregulation", it was called.
           | 
           | Only the US and New Zealand allow this.
        
             | rhino369 wrote:
             | It didn't really take off in the USA until the FDA loosed
             | side-effect notification rules in 1997. Literally overnight
             | a huge number of TV commercials started playing.
        
               | deelowe wrote:
               | Yep, I remember when this happened. Viagra seemed to be
               | the main driver "little blue pill."
        
               | pessimizer wrote:
               | Don't forget Prozac.
        
           | cortesoft wrote:
           | The 'defense' is the first amendment. It would violate it if
           | you prevented people from telling other people about their
           | products.
        
             | heymijo wrote:
             | When was the last time you saw a cigarette ad on TV?
             | 
             | Commercial speech in the United States has limitations.
             | Historically commercial speech was not protected by the 1st
             | amendment. Protections and limitations have largely been
             | established over the past 50 years in Supreme Court rulings
             | [0].
             | 
             | [0] https://mtsu.edu/first-amendment/article/939/corporate-
             | speec...
        
             | ComputerGuru wrote:
             | I've heard that argument and but it really doesn't stand up
             | to scrutiny. You also have a right to run a business and
             | sell things - such as prescription medication - but that
             | hasn't stopped the government from (too heavily, imho)
             | restricting that.
        
               | parhamn wrote:
               | The US constitution explicitly grants regulation of
               | commerce to Congress (see the commerce clause). Whereas
               | the constitution explicitly prohibits the abridging of
               | the freedom of speech through law.
        
               | ComputerGuru wrote:
               | Yes, but let's not pretend there's "absolute" freedom of
               | speech even here in the United States. Cigarette
               | manufacturers no longer have "freedom of speech" to
               | advertise their products with anthropomorphized cartoon
               | characters and relaxing artwork depicting tropical
               | getaways, even though their product is more "freely
               | available" than 5mg of Propranolol, but somehow
               | Tofacitinib1 ("serious side effects may include
               | infections, cancer, and pulmonary embolism") is spammed
               | on every channel.
               | 
               | 1 I have absolutely nothing against what I'm sure is a
               | very fine drug - it was merely the first result in my
               | search for "most advertised prescription medication" and
               | I'm sure that the side effects are _not_ representative
               | of typical outcome and that someone suffering from
               | serious rheumatoid arthritis is better off taking the
               | drug than not.
        
               | parhamn wrote:
               | > Yes, but let's not pretend there's "absolute" freedom
               | of speech even here in the United States.
               | 
               | This isn't whats happening is it? The exemptions to free
               | speech are well known and taught in entry level civic
               | classes [1]. There are quite a few. Whats happening here
               | is another discussion on the intricacies of free speech
               | (which have hundreds of pages of professional opinion and
               | case law for each exemption) full of nuance. However
               | here, as is the case for most discussion forums, you can
               | only fall into two groups: anarchist or fascist.
               | 
               | Heres a more honest view: given free speech laws in the
               | US it's not clear what we should or what is right to do
               | with regards to advertising medicine. We will probably
               | have a populist exemption when it's needed, as we have in
               | the past.
               | 
               | [1] https://en.wikipedia.org/wiki/United_States_free_spee
               | ch_exce...
        
               | ComputerGuru wrote:
               | But that was the point I was trying to make when you
               | first replied to me. It's freedom of speech to the extent
               | "we" (the people and their representatives) allow,
               | meaning the first amendment isn't an absolute barrier to
               | preventing the enforcement of a law "for the common good"
               | (and the abuse that automatically entails, cf anything
               | regarding encryption and the prevention of the
               | distribution of child pornography) and it can accordingly
               | make room for outlawing anything from PACs to advertising
               | prescription medication.
        
             | [deleted]
        
             | anonymfus wrote:
             | A person exercises their freedom of speech when they say
             | whatever they want. The advertisement is when somebody is
             | paid to say something with implication that they don't want
             | to say that, as otherwise they would not be paid. So
             | advertisement is an opposite of the freedom of speech.
             | 
             | P. S.: I am watching the video and Tom Scott gives a very
             | similar definition of advertisement at 3:44, and basically
             | the whole video is about how that logic is applied in
             | British and American laws.
             | 
             | P. P. S.: I am now at the last section "The Land Of The
             | Free" (24:47) where Tom Scott talks specifically about
             | freedom of speech in US, and basically everything in this
             | thread is brought up by him.
        
             | nulbyte wrote:
             | The defenses I've seen are less about free speech and more
             | to the tune of "doctors can't possibly know everything, so
             | you should ask them in case they haven't looked into it."
             | Frankly, if you think a TV advert does a better job at
             | informing you about medical research then your doctor, who
             | spent tons to graduate and more still on continuing
             | education to maintain a license, you probably need new
             | doctor.
        
             | dawnerd wrote:
             | I've heard another defense that's pretty laughable. Goes
             | something like, the ads tell people about conditions they
             | might have but not realize.
             | 
             | I fully think we should be banning prescription drugs.
             | There's precedent already for banning product ads - tobacco
             | ads are no longer allowed for example.
        
               | bryan0 wrote:
               | I think the more charitable interpretation of this
               | defense is: Ads tell people about conditions they might
               | have, but not realize there is an available drug that can
               | treat it. Or at least an encouragement to talk to their
               | doctor about it.
        
               | throwawayboise wrote:
               | If your condition isn't bothersome enough that you need
               | an ad to prompt you to mention it to your doctor, perhaps
               | it's not _really_ an issue.
               | 
               | I think a lot of these ads prod hypochondriacs to rush to
               | their doctor (or perhaps even the ER) to "tell them about
               | their symptoms" which just drives up costs for everyone.
        
           | an_opabinia wrote:
           | I don't know. Ads for monoclonal antibody therapies against
           | COVID would probably save lives - by convincing doctors to
           | use them. Smoking cessation products (they are prescribable
           | for insurance reimbursement purposes) definitely save lives.
           | Lots of smokers in Japan. What about PReP? It's prescription
           | only. Lofexidine? It's not so black and white. If your
           | conclusion is, make stuff over the counter, I feel like
           | you're missing the point. Of course promoting drugs _that
           | work_ are a great outcome. Like what are we even talking
           | about?
        
             | gjulianm wrote:
             | > by convincing doctors to use them.
             | 
             | I don't think it's patients the ones that need to convince
             | the doctors of what to use. If anything, patients demanding
             | solutions without any knowledge of whether they're useful
             | or not would make treatment much more difficult.
             | 
             | > Smoking cessation products
             | 
             | A lot of smoking cessation products are over the counter.
             | Here in Spain I see ads about them, and we have the same
             | prohibition of adverts of prescription meds.
             | 
             | > What about PReP? It's prescription only
             | 
             | Sexual education covers this, no need to monetize ads. Not
             | to mention that the return on investment on an anti-HIV
             | medication is probably not ideal
             | 
             | > Lofexidine
             | 
             | Again, I doubt the market for opioid withdrawal meds is
             | high enough.
             | 
             | > Of course promoting drugs that work are a great outcome.
             | Like what are we even talking about?
             | 
             | Doctors are the one that prescribe drugs, not patients. Why
             | would you need to market a prescription drug that one takes
             | only after a doctor visit to patients? They are not the
             | ones making the decision on the drug. They do not have the
             | information required to evaluate whether the drug is
             | appropriate or not.
             | 
             | At best, ads for prescription drugs will be useless because
             | it's the doctor that makes the decision. At worst it
             | encourages self-medication and forces doctors to make non-
             | optimal choices due to patient pressure. The only ones that
             | stand to benefit from prescription drugs ads are
             | pharmaceutical companies and ad agencies.
        
       | tzs wrote:
       | In case the title might lead to you expect he's arguing for the
       | rules for social media influencers to be loosened to match those
       | of movies and TV and radio, it is actually the opposite. He
       | argues that those other media should also have the stricter
       | disclosure requirements that current only apply to social media.
       | 
       | The video is fairly long (about 30 minutes), but goes into a lot
       | of the history of advertising (explicit, product placements, paid
       | endorsements, etc) in radio, TV, and movies in order to make a
       | thorough case.
        
         | dheera wrote:
         | "You have to declare that" Excuse me for my ignorance but why
         | is this important? I usually assume any review from someone I
         | don't know personally is potentially sponsored, so I don't
         | really care if they declare it or not. If everyone were taught
         | to make that assumption this wouldn't be an issue.
         | 
         | The way I see it, if people listen to influencer bullshit,
         | they're going to get sold on shitty products and that's their
         | problem. I don't listen to influencers, I listen to friends and
         | coworkers who can give me an honest review that I trust.
        
           | zouhair wrote:
           | Please watch the video before arguing about something that he
           | clearly explained.
        
             | dheera wrote:
             | I watched the video. Not sure why there's an assumption
             | that I didn't, and I don't think my question is answered.
        
         | tinco wrote:
         | Imagine what would happen if this became a thing for TV and
         | movies. Whenever Iron Man would pull up to the Avengers head
         | quarters, you'd get a message "This scene is sponsored by Audi
         | AG". Every war movie would have a "Vehicles and props kindly
         | provided by the US Armed Forces".
         | 
         | And those are just the obvious ones. It would be super funny if
         | they'd have to do it retroactively.
        
           | pydry wrote:
           | They'd just tack it on the credits at the end.
        
             | LordDragonfang wrote:
             | They already do, the video actually shows that. The video
             | is arguing that they should have to do it the way social
             | media "influencers" have to, either while the product is on
             | screen, or clearly up font at the beginning (the way TV
             | ratings are shown)
        
           | tsimionescu wrote:
           | It would hopefully reduce the value of those ads, so it may
           | turn at least a few away. That would be a great thing!
        
         | thebrain wrote:
         | I get what he's trying to say but the fact is that the two
         | mediums are different.
         | 
         | I know when I watch a TV show, large sums of money went into
         | making the show I'm watching due to the history of television.
         | Writers, actors, set builders, etc. were all paid during the
         | production of a TV show and I know commercials and product
         | placements paid for all of it.
         | 
         | When I watch something on YouTube, my first inkling is to think
         | I'm watching some bloke with a webcam making a video in his
         | basement. The history of YouTube causes me to think that the
         | person on YouTube operates all by themselves just for the fun
         | of it. While I know that that's not the case anymore the
         | historic perception is still there, that's what the rules are
         | meant to protect general public against.
         | 
         | YouTube creates a different kind of relationship between viewer
         | and content creator, one that's particularly intimate and
         | consequently persuasive.
        
           | LordDragonfang wrote:
           | This argument would be valid if not for the rise of reality
           | TV. There's a while genre of shows made to seem "unscripted"
           | when in reality they're almost entirely artificial. Something
           | like pawn stars is a great example of this[1]. Viewers are
           | led to believe that it's actually organic content, and more
           | naive viewers could easily fall for this falsehood.
           | 
           | [1]https://www.youtube.com/watch?v=z31G3Ct98EM
        
           | dna_polymerase wrote:
           | On the contrary, I think that TV paid product placements are
           | often way more subtle. On social media and YouTube it's
           | really in your face full on ads.
        
           | pessimizer wrote:
           | > YouTube creates a different kind of relationship between
           | viewer and content creator, one that's particularly intimate
           | and consequently persuasive.
           | 
           | It may, but should that relationship be enforced? Letting
           | well-backed productions get away with not disclosing while
           | the less well-backed have extra rules they have to follow is
           | just favoring incumbents. It's similar to the discussion
           | surrounding "real journalism" and bloggers/youtubers.
        
         | tekromancr wrote:
         | In BOTH the UK and US contexts, too! Pretty comprehensive
        
       | soheil wrote:
       | Several issues with this A) who are the regulators? Typically
       | these are elected officials that at least half of the population
       | typically doesn't see eye to eye with, think left vs right. So
       | why do they get to decide what is "in the interest of the
       | public"? B) what makes undisclosed product placement so
       | inherently evil or at least more evil than normal advertisement?
       | There are extremely deceptive advertising techniques, just
       | because you are aware something is an ad doesn't mean you can be
       | fully aware of the manipulation tactics used against you, many
       | can be very subtle. So to paint the whole thing with such broad
       | brush and assume one just needs a binary answer to know if
       | something is an ad or not assumes all ads are created with the
       | same level of deceptiveness. C) finally people with "power and
       | money" will find a way to communicate their message regardless,
       | you can make it more difficult or expensive for them to do so,
       | but at the end of the day that cost has to be imposed on someone
       | and that is typically the consumer.
       | 
       | I also find Tom Scott's videos highly well presented and produced
       | but they lack the same level of quality when it comes to the
       | concepts discussed in them.
        
       | mlinksva wrote:
       | Strikes me as another way broadcast/studio media (and associated
       | formats) escapes scrutiny and regulation directed at internet. As
       | the influencer says at the end of the video, they should play by
       | the same rules.
       | 
       | Is there a text equivalent of this video? A bunch of sources are
       | listed under the video, but none is an overview.
        
         | ggggtez wrote:
         | Use the "..." menu below the video, and click "Open
         | Transcript".
        
         | Shivetya wrote:
         | Traditional media is using their influence to lead regulation
         | of social media under the guise of protecting people from fake
         | news after having that same prove their bias and even outright
         | falsification of the news; does a month go by where a major
         | news outlet doesn't have to restate a story? Fake news or
         | declaration something is fake news is no different than product
         | placement. News organizations sell authenticity which they use
         | to make money from actual product placement and many companies
         | desire to advertise through certain outlets as they seem some
         | more desirable than others.
         | 
         | At times in my local paper the small print stating a story is
         | paid placement is easily overlooked but these stories tend to
         | only occur on weekends
         | 
         | However we have to admit that product placement in some movies
         | and television shows has approached meme quality to where the
         | products were more talked about than the show they were on.
         | 
         | On a side note, a friend who does stream on twitch has to be
         | explicit when being paid to play a game or even given a free
         | key. they also prevent give away contest from being limited to
         | subscribers.
        
       | franciscop wrote:
       | In the web in fact they also declare ads, that's why they have a
       | little "Ad" besides their entry on Google Search or on Google
       | Adsense (and FB? I don't use FB anymore but IIRC also there). Not
       | sure if this is actually regulated, or comes from the "better
       | ads" the Adblock industry created, or both.
        
         | londons_explore wrote:
         | Google pretty much created the status quo on that one.
         | 
         | Earlier search engines didn't mark results that had paid to
         | rank higher.
         | 
         | Regulators across the world weren't paying attention to the
         | internet at the time. I'm sure if Google decided to remove that
         | word "Ad", regulators would start paying attention.
        
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