Embedded Advertising on Television: Disclosure, Deception and Free Speech Rights

Abstract:     
In 2008, the FCC initiated a docket to determine if existing TV sponsorship regulations need to be revised to address embedded advertising. This paper first discusses current embedded advertising practices on television and the alleged problems with those practices. Then the paper explains the current legal framework applicable to the practices. Next, the paper analyzes the major reform positions that were articulated in comments to the FCC. This analysis includes a discussion of the first amendment protections for advertising as well as the creative works in which the integrated marketing is embedded, since the advertising is difficult to separate from its entertainment platform. The paper concludes with recommendations for next steps by the FCC and industry.

Keywords: commercial speech, free speech, advertising, embedded advertising, product placement, product integration

Accepted Paper Series