Those who post content on social media and similar platforms...
Those who post content on social media and similar platforms should be liable for proper disclosures and the FTC shouldn’t assign liability to the host of the user-generated content, NetChoice said. In comments for the agency’s May 30 workshop to…
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explore online and mobile media advertising disclosures, the association said the FTC should acknowledge that hosts of content posted by third parties aren’t liable for “improper disclosure by these third-parties.” The FTC’s limiting the liability of the host of content from the actions of a third party “makes sense under Section 230 of the Communications Decency Act that protects such intermediaries,” it said. For mobile ads, the FTC should allow clickthrough for notice and choice, as in the Digital Advertising Alliance’s self-regulatory program, NetChoice said. The agency has noted on several occasions that disclosures via mobile apps are limited by screen size, the association said. “To help alleviate this problem, we recommend the FTC find that ads on mobile devices can off-load these disclosures via a click-through to another screen or application.” For location-based mobile ads, the FTC should incorporate clickthrough and consent mechanisms, it said. The agency should avoid addressing privacy disclosures in the proposed update to the Dot Com Disclosures because they are “outside the scope of the original guidelines and may impede the greater goal of the update,” NetChoice said.