Earlier quoted context omitted.
We don't need to go into absurd discussions in order to prevent 99% of the harm that comes from modern advertising. The line is clear: is money being exchanged in order to promote a product? That's advertising. Someone I know mentioning a product because they want to recommend it to me? Not advertising. Giving out "free" samples? Presumably someone is being paid to do that, so advertising. We can later quibble about…
> The line is clear: is money being exchanged in order to promote a product? That's advertising. Let's say I have a journal. It costs money to subscribe. It covers a topic that many college students also study. Can I give the school a free copy? Can I give the teachers one? Can I give the students one? Is this advertising? When does the amount of "value" become offensive? > surfacing the dark data broker market and b…
What if we made advertising illegal?
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Re: What if we made advertising illegal?
#342Earlier quoted context omitted.
> Try this thought experiment from the article - imagine a world without advertising. Products would still exist. Commerce would still happen. But newspapers, TV and Youtube would die out.
Is that such a bad thing? Are they really providing that much value? The remaining YouTube channels would be concentrated around the ones that are of higher quality, rather than easy slop produced to push ads. Nobody would try to clone someone else's channel for money. They would only be produced by people who were passionate about that topic. There would be fewer channels by passionate people, but the percentage wou…
I have some questions about your vision.
- How many content creators would no longer be able to make passion videos as their full-time job because they're no longer getting revenue-sharing from YouTube?
- Okay, some content creators also have Patreon etc. What's the incentive to post these videos publicly for free, as opposed to hoarding them behind their Patreon paywall?
- What's the incentive for YouTube to continue existing as a free-to-watch service? Or even at all? Take away the ad money, and I can't imagine that the remaining subscription revenue comes anywhere close to paying for the infrastructure.
Re: What if we made advertising illegal?
#343This begs the question: how could you reliably distinguish advertising from other forms of free speech? The courts already distinguish "commercial speech" as a class of speech. Would we prevent all forms of commercial speech? What about a waiter asking you "would you like to try a rosé with that dish? It pairs very well together." Is that "advertising" that would need to be outlawed? What about giving out free sample…
We don't need to go into absurd discussions in order to prevent 99% of the harm that comes from modern advertising. The line is clear: is money being exchanged in order to promote a product? That's advertising. Someone I know mentioning a product because they want to recommend it to me? Not advertising. Giving out "free" samples? Presumably someone is being paid to do that, so advertising. We can later quibble about…
The line is absolutely not clear.
Is ABC allowed to run commercials for its own shows?
ABC is owned by Disney. Is ABC allowed to run commercials for Disney shows? Is it allowed to run commericals for Disney toys?
Can ABC run commercials for Bounty paper towels, in exchange for Bounty putting ads for ABC shows on its paper towel packaging?
Literally no money is being exchanged so far.
I'm familiar with a lot of gray areas that courts regularly have to decide on. But trying to distinguish advertising from free speech sounds like the most difficult free speech question I've ever come across. People are allowed to express positive opinions about products, and even try to convince their friends, that's free speech. Trying to come up with a global definition of advertising that doesn't veer into censorship... I can't even imagine. Are you suddenly prevented from blogging about a water bottle you like, because you received a coupon for a future water bottle? Because if you use that coupon, it's effectively money exchanged. What if your blog says you wouldn't have bothered writing about the bottle, but you were so impressed with the coupon on top of everything else it got you to write?
You can argue over any of these examples, but that's the point: you're arguing, because the line isn't clear.
Re: What if we made advertising illegal?
#344Re: What if we made advertising illegal?
#345This begs the question: how could you reliably distinguish advertising from other forms of free speech? The courts already distinguish "commercial speech" as a class of speech. Would we prevent all forms of commercial speech? What about a waiter asking you "would you like to try a rosé with that dish? It pairs very well together." Is that "advertising" that would need to be outlawed? What about giving out free sample…
We don't need to go into absurd discussions in order to prevent 99% of the harm that comes from modern advertising. The line is clear: is money being exchanged in order to promote a product? That's advertising. Someone I know mentioning a product because they want to recommend it to me? Not advertising. Giving out "free" samples? Presumably someone is being paid to do that, so advertising. We can later quibble about…
Let's consider toomim's three examples: "would you like to try a rosé with that dish? It pairs very well together," giving out free samples, and putting a sign up on your business that says the business name.
The first case seems like it would straightforwardly be illegal under your proposal if the waiter is an employee (or contractor) who gets paid by the restaurant, because the restaurant is exchanging money with the waiter in order to promote the rosé, which is a product. It would only be legal if the waiter were an unpaid volunteer or owned the restaurant.
The second case seems like it would straightforwardly be illegal under your proposal if the business had to buy the free samples from somewhere, knowing that it would give some of them out as free samples, because then it's exchanging money with its supplier in order to promote its products (in some cases the same product, but in other cases the bananas and soft drinks next to the cash registers, which people are likely to buy if you can get them into the store). Also, if one of the business's employees (or a contractor) gave out the free samples, that would be exchanging money with the employee to promote a product. You'd only be in the clear if you're a sole proprietor or partnership who bought the products without intending to give them away, changed your mind later, and then gave them away yourself rather than paying an employee to do so.
Putting up a sign on the business that says the business name is clearly promoting products, if the business sells products. Obviously the business can't pay a sign shop. If the business owner makes the sign herself, that might be legal, but not if she buys materials to make the sign from. She'd have to make the sign from materials unintentionally left over from legitimate non-advertising purchases, or which she obtained by non-purchase means, such as fishing them out of the garbage. However, she'd be in the clear if her business only sells services, not products.
A large blanket loophole in the law as you proposed it is that it completely exempts barter. So you can still buy a promotional sign from the sign shop if you pay the sign shop with something other than money, such as microwave ovens. The sign shop can then freely sell the microwave ovens for money.
In this form, it seems like your proposal would put at risk basically any purchase of goods by a product-selling business, except for barter, because there is a risk that those goods would be used for premeditated product promotion. Probably in practice businesses would keep using cash, which would give local authorities free rein to shut down any business they didn't like, while overlooking the criminal product-promotion conspiracies of their friends.
So, do you want to propose some legal language that is somewhat more narrowly tailored? Because a discussion entirely based on "I know it when I see it" vibes is completely worthless; everyone's vibes are different.
Re: What if we made advertising illegal?
#346Earlier quoted context omitted.
We don't need to go into absurd discussions in order to prevent 99% of the harm that comes from modern advertising. The line is clear: is money being exchanged in order to promote a product? That's advertising. Someone I know mentioning a product because they want to recommend it to me? Not advertising. Giving out "free" samples? Presumably someone is being paid to do that, so advertising. We can later quibble about…
> The line is clear: is money being exchanged in order to promote a product? That's advertising. The line is absolutely not clear. Is ABC allowed to run commercials for its own shows? ABC is owned by Disney. Is ABC allowed to run commercials for Disney shows? Is it allowed to run commericals for Disney toys? Can ABC run commercials for Bounty paper towels, in exchange for Bounty putting ads for ABC shows on its paper…
Well, not if they pay employees to do it. Except that shows aren't products, they're services, so they'd be exempt from this proposal.
Re: What if we made advertising illegal?
#347Just from the headline alone: oh please dear god yes . The internet became usable after implementing the Pi-Hole. So much noise, so much wasted bandwidth, so many unnecessary lookups, gone with a Raspberry Pi and a few packages. While other commenters are getting into the technical weeds of things, the reality is that the OP is right. Ads don’t inform, they manipulate. They’re an abusive forced-marriage that we canno…
That's the most "hacker" newsy thing to me. Whenever advertising critical articles come up, there's a large percentage of people commenting pro advertising. Yeah, I get it, you don't bite the hand that feeds you but come on. Does working in ad tech somehow influence your brains like the ones you are targeting?
Re: What if we made advertising illegal?
#348In Australia, liquor ads were banned on sports jerseys and stadiums, tv (i think) and so on. But now we have this ridiculous Orwellian environment where literally every jersey is plastered with an online betting platform, online and tv advertising for these same (addictive) platforms. Each ad is suffixed with a tiny disclaimer that "gambling destroys lives/gamble responsibly". Fucking please....
I used to work in advertising. One thing is clear, the biggest advertisers have insane amounts of money to throw around. It doesnt have to be effective, all it has to do is repeat itself, everywhere at all times.
Advertising is very closely linked to oversupply of products we dont need. Governments are to be very clear not in existence to safeguard the public from anything. If they were, the law would penalise large producers for planned obscelesence, poor quality products designed to break, which in turn requires incessant advertising to keep the machine moving.
Re: What if we made advertising illegal?
#349Sure it's a very hard to implement and most probably easy to abuse idea.
However is it impossible? Food for thought.
Re: What if we made advertising illegal?
#350> The financial incentives to create addictive digital content would instantly disappear
No they wouldn't.. the business model would change. Facebook sells ads to businesses and entertainment to consumers. People still want to be entertained.
What about the positive effects from advertising? Many products which I never knew existed have gone on to improve my life.
To kill addictive digital content (especially those targeted at young people), just go after them directly. I agree the world will be a better place once we don't spend 10-16 years old online. But the advertising argument doesn't make any sense to me.