Twitch TOS!?
What do you guys think about this?? I think the fog whispers are breaking twitch TOS! THEY must put sponsored in the title, BECAUSE they do get free products in exchange.
e. Endorsements/Testimonials
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Twitch Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Twitch Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Twitch, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Twitch Services.
https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses
Comments
-
LOL that DOES not tell people it's a SPONSOR. most are not going to know what that icon is....
0 -
Hey! Who cares?
No really, like... who cares man? It's not even a big deal.
What are you even saying they are getting free? Seriously, this is a non-issue that Twitch would say they have an issue with anyway.
Besides that Twitch ignores it's own TOS with things like that lady showing her.... then getting back on Twitch after her 4th NSFW strike after only having a 3-4 day ban instead of a permanent one.
0 -
Dude this post is so insignificant i doubt anyone would care.
Everyone knows that it's a sponsorship anyway. You'd not have common sense if you thought otherwise.
1 -
LOL wow some ppl.... TOS must put SPONSOR in title
0 -
Bro... like, did you go looking for this? What, did one of the streamers poo on you and now you wanna boo hoo and look for reasons to get them kicked off twitch or something? I don't really care what you come back with. It can be the most sound and logical response, but this reeks of desperation and sadness. Just stop it man. Please. You're embarrassing all of us.
4 -
in the end its the streamers responsibility to follow the Twitch ToS, but it does seem like most don't do it when they should, as they do get free DLCs and promotional keys to give away on their streams. so yea it is a sponsored type thing.
0 -
That is literally a sponsorship
0 -
Are they being paid to stream DBD? No, not by bhvr.
0 -
Putting the fog whisperers icon is showing their affiliation and title with BHVR. Nowhere in the TOS does it say you must put the word "Sponsor" in the title. It merely says you must disclose your relationships with your sponsor to your audience. The Fog whisperer's icon is a way of doing exactly that.
0 -
yes by receiving free DLCs for themselves and codes to give a way they are in fact being paid by Behavior.
0 -
This reeks of a follower who didn't get the interaction they wanted from the streamer they are watching, or worse, played a match against them and got upset because of that, and simply wants revenge.
This is why sponsors are required to announce they are sponsors, and yes, most people do care about this:
It is, in my opinion, illegal to not announce sponsorships. However, I have no idea whether the words 'Fog Whisperer' in the stream title is enough of a notification. People who know what that is, already know it means they are sponsoring DbD, and people who don't know need only to do a google search on what those words mean to find out that those streamers are being compensated.
0 -
some of the links he posted from the FTC would disagree with your opinion of it. that icon is not considered clear and conspicuous.
0 -
I actually read through it, and Ill go ahead and copy paste a section.
"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed."
Id say a connection between a Fog whisperer and the game devs is a pretty clear connection, but I'll continue...
Below that are a list of examples, with THIS one being a good example for comparison with our twitch streamers.
"A film star endorses a particular food product. The endorsement regards only points of taste and individual preference. This endorsement must, of course, comply with § 255.1; but regardless of whether the star’s compensation for the commercial is a $1 million cash payment or a royalty for each product sold by the advertiser during the next year, no disclosure is required because such payments likely are ordinarily expected by viewers"
In this example, the film star isn't required to specificly state that they are endorsing a product because it's a pretty ordinary thing to do.
0 -
They are not breaking Twitch TOS. They do not have to put Sponsored in the title, they must only indicate that they are being sponsored, which they do, as many if not all of them display the Fog Whisperer logo.
Don't try to play an armchair lawyer.
2 -
The LOGO means NOTHING! lol fine that means i can go place a damn random logo in my stream to saying i'm sponsored by the game....
0 -
Twitch... following/obeying their own rules? LuLz.
Excuse me I need to find an animal to chuck over my shoulder.
But seriously. I don't understand the issue. You are saying twitch should do something? Because it clearly states the responsibility of such things are on the streamer, specifically NOT on twitch. You even posted it. So, you are wanting the FTC to get involved?
Is there a specific streamer you don't like? Cause...I'll be honest I stop by quite a few of them, they verbally explain themselves quite often. Not only do they discuss it, I've seen some where they do put it in the title, especially when advertising other stuff as well. To me it is all very clear. And if you are ever confused, they discuss it freely. Essentially, if I did know nothing, I am made to feel like I know and am aware while there. To me I don't see the non-disclosure portion.. So, I am just a bit confused?
I am unaware of how DBD is giving to the streamers. If they aren't actually paying them (which I don't think they are). And are only giving free codes, for example. Then they disclose that they were given them, (aka they don't need to all the time.)
This link is pretty detailed and you can check it out to know more. Note that "#ad" is not mandatory it just an easy way to tell people. (Aka you aren't forced to use "#ad" in order to comply)
It's explained better in the link, check it out.
http://streamersquare.com/influencer-ftc-dos-dont-disclosure/
@kisfenkin I am inclined to agree.
Post edited by HellCatJane on1
