Los Angeles Times columnist James Rainey (9/15/10) takes a look at “experts” appearing on local newscasts who are actually paid spokespeople for commercial interests–without viewers being made aware of this fact.
He focuses on “toy expert”Elizabeth Werner, who makes appearances on local stations to talk up new products–on behalf of a company paid by toy manufactures to doso. Her employer, DWJ Television, saysit tells TV stations that companies are footing the bill for her promotional appearances.If that’s true, then the burden is clearly on the stations to tell viewers about this connection. Rainey argues that it’s the law, too:
Federal law requires disclosure, too, “when a broadcast station transmits any matter for which money, service or other valuable consideration is either directly or indirectly paid.” That would include noting that advocates giving an opinion about a product have been paid to do so.
Station operators must “exercise reasonable diligence” in trying to discern whether promotional payments have been made, FCC regulations say. Stations that fail to disclose, with either a spoken or on-screen disclaimer, can be fined up to $37,500 per violation. But you don’t hear about a flood of penalties coming out of Washington, do you?
Rainey looked at three of Werner’s recent appearances–in Detroit, Atlanta and Phoenix–and reports:
A spokesperson for the two Fox stations and the news director at the Phoenix outlet told me they had been told absolutely nothing about Werner being paid to tout products, which ranged from a Play-Doh press to a new Toy Story video game to the Paper Jamz electronic guitar.
Assuming they really didn’t get any notice of Werner’s pay arrangement (and the Phoenix station offered one e-mail that didn’t disclose the sponsorship), that would put the stations in the clear, right?
Wrong. Anyone who has spent more than five minutes in a newsroom knows that when someone comes through the door offering their expertise, you start asking questions.
One would hope so, at least.



Rainey suggests that the obvious question to ask is, “So, toy gal, do you get a natural high about mechanical bugs and talking books, or is someone paying you to make like Tom Hanks in Big?” A source points out that “believing that an expert would tour the country without pay to tout products is…like believing in the tooth fairy.”
Is it always necessary to be touting “the law”? There is a moral and ethical question here that should not require the arguable legal question. Have we lost or given up all hope of educating ourselves to be self aware?
“Just do it until someone catches us!”
This is the psychopathic corporate CEO model.
WE are a country of laws.Period.No laws were broken.People getting paid for their work in hawking things,,say it aint so.How stupid do you think the people are?
It’s corporate propaganda, it’s law-breaking, and the law quoted in the story is quite clear. And as for how stupid we think people are, well, the horse has spoken, hasn’t it? At least the horse spoke his piece in one of his briefest posts ever, so we got that going for us. Leave it to the horse to express the utmost fealty to dumbell amoral libertarianism and wanton corporate criminality.
“How stupid do you think the people are?” If Michael e is at all representative of “the people,” then the answer is “extremely.”
The FCC requires that our local cable company provide contact information for the FCC on the cable bill, so that we can complain about such things. Hah! Every couple of years I have called that number and it is never anyone from the FCC. In fact most often it has been an answering machine that does not identify itself other than “no one is available” and doesn’t even let you leave a message. When I try to confront a Customer Service Rep for the cable company about this, it becomes immediately apparent that this topic is not on their “cheat sheet”. I generally follow their stutteirng up with the question, “Do you know what is meant by the term ‘public airwaves’?” At which point they usually begin to get irratible and testy with me. I have to hang up before I lose my temper.
Here’s a word we don’t know anymore, “Boycott”
How about a boycott of Black Friday? Stay home with the family and don’t go out anywhere if you don’t have to…
Could we but let go of our credit cards for just one day?
Good idea James.The credit card idea.
Helen and Tim still believe that people watching Tv are under the illusion that those hawking some product or ta other are doing it free of charge?
Tim What law is being broken?
OH Helen thanx love …..you are charming