Policy, Copyright & Compliance

Clear and conspicuous

Also called: clear and conspicuous disclosure

Clear and conspicuous is how US advertising regulators describe a disclosure that an ordinary person would actually notice and understand. Unavoidable is the operative word. If the endorsement is spoken, the disclosure has to be spoken; if it is on screen, it has to be on screen; if both, both. Placing it in the video description fails, since plenty of viewers never open the description and those who do may not read that far. The same standard covers hashtags nobody parses, small grey text over busy footage, and a disclosure that arrives after the pitch.

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