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

In 2008, the Federal Communications Commission (FCC) initiated a docket to determine whether existing television sponsorship regulations needed to be revised to address embedded advertising. This article first discusses current embedded advertising practices on television and the alleged problems with those practices. It then explains the current legal framework applicable to the practices. Next, the article 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 and for the creative works in which the integrated marketing is embedded, because many times the advertising is difficult to separate from its entertainment platform. The article concludes with recommendations for next steps by the FCC and industry.