YouTubers have to declare ads. Why doesn't anyone else?

15 févr. 2021
3 276 603 Vues

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?
👥👥 CREDITS 👥👥
Written and performed by TOM SCOTT www.tomscott.com/
Script assistant ANDREA MARKS
Animation BILLY CRINION twitter.com/BillyCrinion and WILLIAM MARLER 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 www.benjaminsquires.co.uk/
Thanks to EVAN EDINGER, JESSICA ENDOYAN, CHRISTINA HERNANDEZ, the TINY SPECK team, and SAM VALIANT
Filmed safely: www.tomscott.com/safe/
© Pad 26 Limited MMXXI
📄📄 SOURCES 📄📄
💵 PAYMENT AND CONTROL
Lonnie Donegan changing Spearmint: mentioned in a lot of places, but I can't find a contemporary account.
Ray Davies flying: twitter.com/thekinks/status/1265203792754212864 and www.cbc.ca/radio/undertheinfluence/why-ray-davies-flew-26-000-km-to-save-lola-1.5009086
BBC trademark policy: www.bbc.co.uk/programmes/articles/5R152hTbVPQdYjn29q5jt4/16-songs-banned-by-the-bbc
Pitbull and Kodak: twitter.com/pitbull/status/16567622829080576
Pitbull and Voli: voli305vodka.com/ "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: news.google.com/newspapers?nid=1346&dat=19790329&id=M3VRAAAAIBAJ&sjid=uPoDAAAAIBAJ&pg=7192,10172867
✔️ YOU HAVE TO DECLARE IT
US Code Title 15: www.law.cornell.edu/uscode/text/15
Nikkie de Jager, One Dip Makeup Challenge: frlist.info/like/pKVmnM2MiZ2spMw/vid-o
Disclosures 101 for Social Media Influencers [PDF]: www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
An Influencer’s Guide to making clear that ads are ads [PDF]: www.asa.org.uk/uploads/assets/uploaded/3af39c72-76e1-4a59-b2b47e81a034cd1d.pdf
The FTC’s Endorsement Guides: What People Are Asking: www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
FRlist declaration: support.google.com/youtube/answer/154235
❌ NO-ONE ELSE HAS TO DECLARE IT
McFlurry: adage.com/article/adages/30-rock-mcflurry-scene-paid-placement/134689
Snapple: www.reuters.com/article/us-30rock-idUSN2833828120071128
"Branded content pods": adage.com/article/media/snl-air-fewer-commercials-season/303697
Farrow and Ball: www.bournemouthecho.co.uk/news/18014632.saturday-night-live-sketch-features-farrow-ball/
Branson cameo: www.cinemablend.com/pop/Branson-s-Bond-Cameo-Was-Bought-1558.html
Superman's $40,000: www.latimes.com/archives/la-xpm-1989-03-08-ca-322-story.html
Bond placement: www.bbc.com/culture/article/20151001-does-bonds-product-placement-go-too-far
Lorraine Kelly's tax bill: www.theguardian.com/business/2019/mar/20/lorraine-kelly-theatrical-artist-tax-tribunal-judge-rules
🎢 WE'RE GOING TO DISNEY WORLD
"Moms' conference": www.5minutesformom.com/disneysmmoms/
SNT viewing figures: www.eveningexpress.co.uk/lifestyle/entertainment/saturday-night-takeaway-smashes-ratings-record-after-airing-without-audience/
"19 years in a row": www.chroniclelive.co.uk/news/tv/ant--dec-win-best-17648154
"Can't find any other example" of the castle being covered: www.disboards.com/threads/ant-and-dec-tv-show-live-from-magic-kingdom-in-april.3581535/
Ofcom on product placement in UK TV: www.ofcom.org.uk/tv-radio-and-on-demand/advice-for-consumers/television/product-placement-on-tv
"One article on a tabloid web site": www.thesun.co.uk/tvandshowbiz/10841854/ant-and-dec-trademark-name/
🇺🇸 THE LAND OF THE FREE 🇺🇸
FCC, "The FCC and Freedom of Speech": www.fcc.gov/consumers/guides/fcc-and-freedom-speech
US Bill of Rights: www.archives.gov/founding-docs/bill-of-rights
First Amendment exceptions: fact-checked by legal experts, but best summarised on Wikipedia: en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
Commercial speech: www.mtsu.edu/first-amendment/article/900/commercial-speech
Communications Act 2003: www.legislation.gov.uk/ukpga/2003/21/contents
Animal Defenders International v United Kingdom: hudoc.echr.coe.int/fre?i=001-119244
CMA, "Social media endorsements: being transparent with your followers": www.gov.uk/government/publications/social-media-endorsements-guide-for-influencers/
German product placement: www.grin.com/document/417399
📕 CHAPTERS 📕
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

Commentaires
  • "Influencers have to declare sponsorships clearly and up-front. Why doesn't that apply to any other medium?" would have been a much more accurate title, but alas, FRlist titles have to be short and catchy!

    Tom ScottTom ScottIl y a mois
    • @Harv Pot Delete ads now and ban youtube :)

      Ken ChiuKen ChiuIl y a jour
    • I agree.

      Harv PotHarv PotIl y a 2 jours
    • Ads suck, Do you agree? 1. Yep, it annoys me. 2. NO, I LOVE THEM IDIOT!

      Ken ChiuKen ChiuIl y a 3 jours
    • You got a problem with FRlist it's your right to leave it.. myself as a major shareholder in Google and loving every second of it now shut up and post..

      Dionysio KatehisDionysio KatehisIl y a 3 jours
    • I am not going to watch this video. Not because it isn't good, but only because I already know the subject matter. Gave you an upvote and a comment. Hope that is enough support.

      RT HJRT HJIl y a 13 jours
  • For people looking 11:45 is the vape part

    Johns eyes George's biscuitJohns eyes George's biscuitIl y a 6 heures
  • Heck yea brother

    Eric FEric FIl y a 15 heures
  • 11:45 *BRUH .*

    Brendan BernalesBrendan BernalesIl y a 21 heure
  • taling about ad 3 sec later HAVE A FUC**NG AD

    Fabula ChimericFabula ChimericIl y a 22 heures
  • ok, but where is the link to download "disguised gambling game"?

    Riccardo Dell'OrtoRiccardo Dell'OrtoIl y a 23 heures
  • I absolutely despise the term influencer and the people who do it as a career. Why anyone believes them is beyond me.

    Beruthiel45Beruthiel45Il y a jour
  • More than entertainment, I want politicians to declare their sponsors

    MinderzMinderzIl y a jour
  • The 2.1k dislikes are the people who didn't declare their ads

    Hai BaiHai BaiIl y a jour
  • I'd watch tom reacts. Make it real please.... 😂😂

    Mark TanMark TanIl y a jour
  • “Is this an advert?” Ad plays

    Justin ZhaoJustin ZhaoIl y a jour
  • I got baited by the “This video is not sponsored” thumbnail just to end up watching a 15s ad. Salty.

    Karim ZermainiKarim ZermainiIl y a jour
  • I'm so glad that I'm European. We have such good laws (most of the time), a little abridging is fine by me. Democracy means you can do (or say) anything you want, until you don't hurt the rest of the society. Lying or misleading ads are certainly not right, they should declare it on TV and music as well.

    Péter SzarvasPéter SzarvasIl y a jour
  • waiiiit.....da thumbnail says "it's not sponsored" whaaaaaaatt

    Azzummar AlamsyahAzzummar AlamsyahIl y a jour
  • “Is this an advert?” AN AD ROLLS

    Diogo Moll G PastroDiogo Moll G PastroIl y a jour
  • whoever built that RDA did Tom dirty lmao

    ًًIl y a jour
  • What if you've been paid by company A to say something bad about company B

    Robert KoenigRobert KoenigIl y a jour
  • I'm surprised you forgot what seems to be the most important reason... Influencers mainly advertise to children. All those examples are either targeted towards an older audience or are family shows that you generally watch under supervision. We expect adults to understand ads, but the problem is that many influencers mainly convince children to buy something. While the current rules are far from perfect, I think this is a very important distinction to make.

    Jelle KamphuisJelle KamphuisIl y a 2 jours
    • @MyLittleDashie 7 as mentioned, I'm not arguing the current rules are perfect or fair, but I still think it's an important distinction to make. Casino Royale really isn't targeted at kids, and not of the products are things kids could buy, either because they're too expensive or because they're too young (like Heineken). This is much different from their fave influencer saying that some lipstick is their absolute fave. If all FRlistrs were like Tom, I'm not sure if lawmakers were as eager to create strict laws, since he's clear and transparent about ads. But the truth is that a very large amount of FRlistrs targets at a younger audience. Beauty vloggers always get sent free stuff, but kids don't know that. Same with other vloggers. When they proposed similar rules in the Netherlands, it was one of the main arguments that a lot of content is for kids. I imagine this is the same for most countries, and I'm not convinced they would've made these laws if all FRlistrs were like Tom Scott. Again, the current system is not perfect, and not everything is targeted towards kids, but the argument is still important enough to address in this 30 minute in depth video in my opinion.

      Jelle KamphuisJelle KamphuisIl y a 4 heures
    • A few things, these rules apply to everyone, not just influencers how have young audiences. Tom has to abide by these rules, and I doubt many kids are interested in watching 30+ minute videos on copywrite and advertising laws. The British TV laws already have an exception for kids TV, so why not the same distinction for kids entertainment online? If that really is the reason the difference in the strictness of the law exists, plenty of creators who don't have young audiences should be in the clear. Second, even if adults are expected to understand, those 30 Rock clips made it clear that advertisement and just another skit in the show are utterly indistinguishable some times. And if it really is a big deal that you not advertise to kids, why not just err on the side of caution? Children absolutely watch movies and shows not made expressly for them. 11 year old me must've watched Casino Royale a dozen times when it came out, and I always watched it on my own, the rest of my family weren't into it. It's not going to destroy all old media to have a clear message at some point during the show, or at the start of the movie, etc. saying "Oh by the way, these people gave us money", in the same way the make up youtuber Tom mentioned does. And I'm sure the adults wouldn't exactly mind either. I'm not convinced your distinction really is all that important, honestly.

      MyLittleDashie 7MyLittleDashie 7Il y a 10 heures
  • FRlist needs more of this thoughtful content and a lot less of just about everything else.

    Kent SlocumKent SlocumIl y a 2 jours
  • One of the most egregious offender is newspapers - particularly the smaller "local" newspapers (that are not local at all and are all owned by the same three big companies). it feels like half of what I see nowadays is churnalism - that is, journalism by press release. Every time you read a dumb story saying something like "scientists discover your kitchen counters are crawling with germs", Dettol paid for that story.

    Jonathon Cowley-ThomJonathon Cowley-ThomIl y a 2 jours
  • Where’s the link to buy The Ring Doorbell? I think I need that.

    Kate AltmanKate AltmanIl y a 2 jours
  • Great explanation, love your video's Tom!

    patrick van dampatrick van damIl y a 2 jours
  • 👎👎👎

    Walter BurtonWalter BurtonIl y a 2 jours
    • 👍👍👍

      Gavin The CrafterGavin The CrafterIl y a jour
  • Its been over a year since i quit nicotine. You have reminded me of it's existence and I now crave the brain tingle again.

    RabbetRabbetIl y a 2 jours
  • i got an advert for native advertising before the video

    Jacob ThomasJacob ThomasIl y a 2 jours
  • Nice Seth Rogan impression

    AcidSethAcidSethIl y a 2 jours
  • Like I'm free to say America is not free. Considering we have 25% of the world's prisoners, and in some states they're required to work without pay, we have the world's largest slave population. That isn't freedom, or if it is, I'd rather be somewhere that isn't so "free".

    LilacDoeLilacDoeIl y a 3 jours
  • You are probably here for 11:45 lmao

    Varney ParkerVarney ParkerIl y a 3 jours
    • Thank you sir

      EllassEllassIl y a 2 jours
  • Im happy to have those regulations

    CaptiveCaptiveIl y a 3 jours
  • Ads suck, do you agree? 1. yes they annoy me! >:( 2. Nope idiots

    Ken ChiuKen ChiuIl y a 3 jours
    • Delete ads to get free budget or Commit Tax fraud! (Do not Ban me)

      Ken ChiuKen ChiuIl y a 3 jours
  • sees thumbnail* *clicks immediately*

    Onebeets 1Onebeets 1Il y a 4 jours
  • Asbestos land, it's 100% safe that you will get not not get cancer

    kimkimIl y a 4 jours
  • Damn hearing tom say tic tok really shook me to my core

    Chase MathwinChase MathwinIl y a 4 jours
  • 13:02 That "yes" is in wrong color! It should be green.

    LordloucksterLordloucksterIl y a 4 jours
  • Hol up YMCA was and maybe still is real

    Ethan ForsythEthan ForsythIl y a 4 jours
  • Dang UK with the BBC tyranny back in the day.

    A & M HA & M HIl y a 4 jours
  • 11:52 Tom learns the hard way why you shouldn’t try to be a human fog machine

    Scruncle HamScruncle HamIl y a 4 jours
  • Why is it that is a negative connotation to a company the show or film has to change company's name to be slightly different? Like McDo's.

    Matthew morrisdonMatthew morrisdonIl y a 4 jours
  • Never thought I would hear Gucci gang, Ymca and Tom scott in the same video

    KenjiiscoolKenjiiscoolIl y a 4 jours
  • 11:45 that made me burst out laughing

    WyngeWyngeIl y a 4 jours
  • "with thanks to evan edinger" I KNEW that was his bedroom background!

    Thalia ShearnThalia ShearnIl y a 5 jours
  • In "Is this an advert" I got every single one wrong.

    Burak Alparslan KayaBurak Alparslan KayaIl y a 5 jours
  • Let's play: is this an advert? Immediately after: a FRlist ad.

    Thuong VoThuong VoIl y a 5 jours
  • You didn't have to torture yourself with a vape machine for our entertainment

    RJCUNRJCUNIl y a 6 jours
  • You have failed Tom.

    Ashot MansuryanAshot MansuryanIl y a 6 jours
  • today on bbc radio "GUCCI, PRADA, ANYTHING DESIGNER"

    teh badgerteh badgerIl y a 7 jours
  • 8:34 What if were to say smth like "Hey, i'm using this cream, and it's great but i hate it". Would that be neutral enough to not be considered an advert?

    HayTHayTIl y a 7 jours
  • It would be even more great to have doctors be mandated to disclose which pharmaceutical companies have bought them free lunches and business trips to "educational events".

    Mika KuuselaMika KuuselaIl y a 7 jours
  • Moral of the story; Tom Scott isn't real.

    RapidFireRocketRapidFireRocketIl y a 7 jours
  • If u like this comment u will be lucky

    HOW TO NOTHINGHOW TO NOTHINGIl y a 7 jours
  • Great vid! And only one minute in! 😂

    CONCINNITY ukCONCINNITY ukIl y a 7 jours
  • Every filmmaker knows-if you SHOW something that have trademark name in any media - its 100% advertising! And when a filmmaker goes to cinema, watch tv series or see some music video- every filmmaker see it. But most people don’t-and that what troubles me a lot. Any way-amazing video with lots of insights, its really a lot of research work and a lot of filmmaking stuff here to, I was really interesting to watch even If I didn’t intend to at the very begining.

    burtonfzzburtonfzzIl y a 7 jours
  • As soon as I clicked on the vid I. Got an ad

    Flower power69 ➊Flower power69 ➊Il y a 7 jours
  • This wideo was sponsored by raycan't

    Aleksander WeedmanAleksander WeedmanIl y a 7 jours
  • Every single content is advertising, so no need more specific rules to mark. Need a less rules.

    Uri SobiUri SobiIl y a 7 jours
  • I just want to say that the anime film Weathering With You was packed with adverts and it was something really.

    Yael ManlangitYael ManlangitIl y a 8 jours
    • McDonald's instead of the classic WcDonald's

      BattyWandererBattyWandererIl y a 4 jours
  • Content

    Riley CarpenterRiley CarpenterIl y a 8 jours
  • 11:45 here is the funny clip of him choking on the vape if your here to just see that.

    Nick GuyNick GuyIl y a 8 jours
  • written and performed by tom scott, you really know your humor, cheers mate

    OcklepodOcklepodIl y a 8 jours
  • some part reminded me of anime calling it "Wc Donalds" to avoid some kind of ad declaration (its called WAC just the way its called MAC)

    OcklepodOcklepodIl y a 8 jours
  • So THATS (part of) why Disney World is so oversaturated on social media

    Ebony RoseEbony RoseIl y a 8 jours
  • I literally just got an ad...

    Neil LopeZNeil LopeZIl y a 8 jours
  • TV is shite

    Paul StapletonPaul StapletonIl y a 8 jours
  • OR THIS SCENE FROM CASINO ROYALE

    Win090949Win090949Il y a 8 jours
  • "Is this an advert!?" *FRlist ad plays* BY THE TEN

    Tenth DivineTenth DivineIl y a 8 jours
  • "30 years ago" *shows 1992 film fuckin hell im old

    ErchErchIl y a 8 jours
  • There is ehek

    Norhayati TiNorhayati TiIl y a 9 jours
  • Where did the US FTC declare their adververt for Pinterest at 8:42?

    TheLanorthTheLanorthIl y a 9 jours
  • Are there still people watching TV?

    Remote SuumoRemote SuumoIl y a 9 jours
  • Something that supports this video's views is the fact that you probably didn't even know all of these product placements. Even when they can be obvious you can easily miss it. I for one didn't realize that the conversation about the watch in Casino Royal was a product placement. it just seemed natural and i didn't notice. as opposed the constant FedEx placement in the movie Cast Away where im sure absolutely everyone knew it was placement even without being told

    ExaggeratedToastExaggeratedToastIl y a 9 jours
  • tom scott eu te amo

    Clayton AraujoClayton AraujoIl y a 9 jours
    • Cyka

      Backyard TortoiseBackyard TortoiseIl y a 7 jours
  • Did you have to declare advertising the white cliffs? Joshing of course, excellent video, super interesting!

    Alba SpireAlba SpireIl y a 9 jours
  • One if your many best... i liked the start of a fish called wanda, when Jon Cleese, ripped product placement.

    bubblesbubblesIl y a 9 jours
  • 27:52 Or states (not congress) could pass the exact Laws currently in place.

    Not Rex, But CaesarNot Rex, But CaesarIl y a 9 jours
  • The elegant barbara originally double because billboard speculatively accept besides a obscene sushi. high-pitched, round laugh

    Oliver McKayOliver McKayIl y a 9 jours
  • So obsessed with freedom of speech, some people forget the importance of freedom of choice

    CosmicWanshipCosmicWanshipIl y a 9 jours
  • To be fair, commerical music videos and radio plays ARE advertisements as well as products. The song can be bought. Also, the very act of watching/listening to a music video is cataloged into demographics and sold, (making us and our attention into a product) triggering a payment back to the artist and their various corporate sponsors.

    David TaylorDavid TaylorIl y a 10 jours
  • Clearly a paid ad for asbestos land

    Len PoundsLen PoundsIl y a 10 jours
  • What about Fitness-Influencers, who are on Steroids. Shouldn't there be a regulation, because they are influencing people to take drugs?

    Max WesterkampMax WesterkampIl y a 10 jours
  • This is a great vid...well said Tom...

    Martin BlankMartin BlankIl y a 10 jours
  • Earned a sub great vid

    ItsJustSamItsJustSamIl y a 10 jours
  • 11:45 very-AH HA BO HO AH ACHA ACHA ACHA long pause CA cough cough cough cough inhale cough cough

    Sugar the cat, and some gaming.Sugar the cat, and some gaming.Il y a 10 jours
  • “Let’s play is this in advert!” *ad plays*

    Menchie Is a cool nameMenchie Is a cool nameIl y a 10 jours
  • I know several cases on FRlist where there are paid promotions, but aren't declared.

    NischNischIl y a 10 jours
  • We all grew up with movies and we all are familiar with advertisement within these movies. So seeing James Bond driving a Ford or wearing an Omega watch doesn't make me think "oh the fictional character of James Bond uses product XYZ , so this must be a sign of quality". On the other hand we experience social media as something "real". Real people in real life with real opinions. So having a Tom Scott suddenly pulling out product XYZ has a lot more impact on peoples mind cause they know Tom Scott is not fictional and his motivations to use (or show) product XYZ are genuine. I can see why this is needs to be regulated more strictly.

    ActionHeinzActionHeinzIl y a 10 jours
  • 11:43 This is what you're most likely here for

    Retarbid ReptileRetarbid ReptileIl y a 11 jours
  • Did anyone else get a yellow instead of red video "timeline" during this video? Happend at around 12:30

    YellowYellowIl y a 11 jours
  • It is very VERY rare that I listen to someone saying there should be more regulations on anything... and actually more or less agree with them.

    Speedox 12Speedox 12Il y a 11 jours
  • Well now I want to go to disney

    John DoeJohn DoeIl y a 11 jours
  • If a film persona doesn't count as the person, then couldn't we restrict a persona's speech without violating the actors freedom of speech?

    Chowder PicklesChowder PicklesIl y a 11 jours
  • america is not a country...................... it's a corporation we are not citizens............we are unknowingly employees

    SpinkeySpinkeyIl y a 11 jours
  • Bruh When you said "is this an advert" in has an ad playing🤣

    theTopAdventure - MégaCraft587theTopAdventure - MégaCraft587Il y a 11 jours
  • Where can I download Disguised Gambling Game? Sounds like fun

    Sozetsu KokaiSozetsu KokaiIl y a 11 jours
  • I would also argue that including those kinds of disclaimers don't actually limit free speech. It wouldn't be making it illegal to include product placement and stuff in their content, it would just require them to include a "warning" if you like that it's in there, just as they do on American television with disclaimers like "this program deals with mature subject matters. Viewer discretion is advised."

    Steven LangSteven LangIl y a 11 jours
  • Very good video! I wish you touched upon Brandalism and 'advertising shits in your head'

    DanhelllDanhelllIl y a 11 jours
  • amazing, informative video, and legitimately inspiring; this comment is not sponsored

    Braden S.Braden S.Il y a 11 jours
  • 0:33 Gacha games: c o u g h

    Kio KannKio KannIl y a 12 jours
  • I got an advert after "is this an advert!?" took me a second to realise it wasn't in the video 😂🤦🏻‍♂️

    Chris SingletonChris SingletonIl y a 12 jours
  • Is this an advert- * ad plays I Why yes, this is an advert

    NoodleNoodleIl y a 12 jours
  • 11:45 tom off tha za

    JoFF_EJoFF_EIl y a 12 jours
    • Thx for the time stamp

      Alex MalfoyAlex MalfoyIl y a 11 jours
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