Does anyone here understand the FTC’s disclosure requirements for advertising in the context of porn (particularly affiliate sites)? I’ve tried looking over the FTC’s guidelines and I’m having trouble understanding when they apply to my business. In particular, they seem to be focused on sites that make claims about products and are given compensation for their posts. That only sorta kinda translates into affiliate porn sites. And then there’s the whole trend of putting “Sponsored”, etc. next to ads?

Is a blog post about a new scene at a sponsor site considered “advertising”? Is a video on a tube site considered advertising? I can’t remember ever seeing a disclosure next to a porn blog post or next to a video on a tube site.

They say advertising has to be truthful and not misleading. What happens to hyperbole like “This is the hottest porn site on the Internet, bar none!” And to what degree does a blogger get to state personal opinion without being uber careful to qualify it as opinion?

And what about banner ads? If the banner is branded with the name of the sponsor’s site, do you really have to put “Paid Ad” or “Sponsored” next to it? (Isn’t that sorta implied?) What about unbranded ads that may look like just another pic on the page, or like a meme with text in it?

And what about graphics and videos that you pull in from a white label site that has your branding but is run by a sponsor? It’s sorta part of your brand and ecosystem, but it’s also sorta contextual sponsored content. Is saying something like “Latest scenes on MyBrandVOD.com?” enough of a disclosure? Is anything actually required? And if disclosure is required on the white label ? who will the FTC go after if they go after someone? The sponsor, or the affiliate / brand owner (or both)?

I mean in one sense affiliate sites such as porn blogs and tube sites are just huge advertisements with tons of sponsored content. If you took a really conservative approach I could see putting “Sponsored” next to absolutely everything on the site. I mean the FTC’s document does talk about repeating the disclosure so it’s near every claim. That’s beyond absurd, IMHO (in this context at least). But if I understand it properly, putting a disclaimer in the TOS isn’t “clear and conspicuous” enough. (But what if you have a dialog where they have to agree to the terms before getting on the site?) Is one disclaimer above the fold for everything on the site sufficient?

I guess what I’m asking is whether this is something you guys have thought about, and if you have thought about it, what are your best practices? And also how have you seen others (in porn) handle it?

And yes, I know this is something that should be discussed with a lawyer. That’s on my to-do list? But IMHO, there’s value in hearing from people who actually run websites?