The crux of the issue is that Warner Bros. provided the game along with lump sums of cash to major Youtubers in exchange for unequivocally positive coverage without disclosing that the resulting content had been paid for. Sponsored content happens all the time, for better or worse, but the FTC does require that such a relationship be made clear to viewers.
The official summary of the Commission’s findings says “Warner Bros. paid each influencer from hundreds to tens of thousands of dollars, gave them a free advance-release version of the game, and told them how to promote it, according to the complaint. The FTC contends that Warner Bros. required the influencers to promote the game in a positive way and not to disclose any bugs or glitches they found.”
The FTC also puts the responsibility of educating influencers about proper disclosure squarely on Warner Bros.’ shoulders. ”The order specifies the minimum steps that Warner Bros., or any entity it hires to conduct an influencer campaign, must take to ensure that future campaigns comply with the terms of the order. These steps include educating influencers regarding sponsorship disclosures, monitoring sponsored influencer videos for compliance, and, under certain circumstances, terminating or withholding payment from influencers or ad agencies for non-compliance.”
Government intervention in these sorts of matters has become inevitable as social media personalities have gained greater reach than traditional media in many sectors with none of the same legal regulation. Just look at the recent CS:GO gambling controversy. These are problems that need to be fixed, and it will be a slow, step-by-step process to get there.
