블로그 광고에 대한 규제 -경제적 이해관계 미공개의 경우를 중심으로-

Abstract

The advertising industry as well as the recommendations and guarantees that support advertising have been expanding into new mediums for years. Social media (blogs, business networks, enterprise social networks, forums, microblogs, photo sharing, etc) is computer-mediated tool that allow people to create, share or exchange information, career interests, ideas, and pictures / videos in virtual communities and networks. Advertisers are also attempting to connect with consumers through social media, reality television, and other non-traditional forms of advertising. These marketing methods are called “Viral Marketing” or “Buzz Marketing”. As a result of this continual growth, the KFTC amended the 『Guidelines for examination on labeling and advertising of recommendation, guarantee, etc ("The Guidelines")』. Under the amendments, The Guidelines provide that statements in new media fall within the scope of The Guidelines when the “economic interests (material connections)” exist between recommender and advertisers. If the economic interests exists, The Guidelines advise parties to disclose their relationship to the consuming public through their choice of consumer-generated media. The "economic interests" are informations that could impact the weight or credibility a consumer gives to the recommendation. Because of the viral nature of social media, advertisers must be even more vigilant to ensure that marketers behind advertising campaigns (especially social media marketing campaigns) consider 『Labeling and Advertising Act』 and regulations and do not run afoul of these laws. In the interest of providing consumers with full disclosure, The Guidelines require bloggers to disclose any "economic interests" they have with advertisers of any products that they recommend on their blogs. Bloggers also may be liable for deceptive labeling or advertising statements made in the course of their blogging. Disclosure of "economic interests" must be clear and conspicuous and language should be easily understood and unambiguous. The scale of "economic interests" must be disclosed.