DAN O’DAY TALKS ABOUT RADIO

A Loyal Reader Writes:

I received a request for audio for the following scripts:

“I am in need of male and female ‘listener next door’ voices for these listener comments. Sincere and conversational please.

“Female:

“ ‘You guys do a great job! I’m glad the days are getting longer everyday, so we can listen more.’

“ ‘I love all of you guys. The music mix is good. The contests are fun. I really appreciate the care and concern you show for each other & the listeners.’

“ ‘I listen almost all day through the week 7:30 AM – 5:30 PM. I can’t imagine not having Radio X. Thanks for all you do!’

“ ‘Male:

“ ‘My wife and I really love our radio station, and we’re proud to be able to support it.’

“ ‘I love all your programs — whatever I turn on throughout the day ministers to us in some way. Thank you!’ ”

I’m not going to follow through because I believe this to be unethical, however, my question is, is it legal?

…and believe me, the fact that this is a non-profit religious station asking to have these recorded by paid VO talent is not lost on me.

Not being qualified to dispense legal advice, all I can do is take a guess based upon my understanding of Federal Trade Commission regulations.

Last year the FTC issued pretty strict guidelines forbidding faked “testimonials” or “reviews” of commercial products. These are aimed, in part, at online reviews. A company that has its employees pose as delighted customers sharing their wonderful experiences on TripAdvisor.com or Yelp.com, for example, now is in violation of FTC regulations.

The legal (not ethical) loophole here might be the station’s “non-profit” status. On the other hand, the radio station probably solicits donations. The FTC might be interested in the use of false testimonials to influence people to donate.

It might also be argued that such testimonials are designed to provide “social proof” to help increase overall listenership. If some of those listeners are obtained at the expense of competing radio stations, might the FTC be interested?

So to answer your question directly: I don’t know if it’s legal.

“Ethics,” of course, are subjective. So I can’t objectively state if the practice is ethical or not.

But I do propose this test for anything a radio station does in a deliberately misleading manner:

“If your listeners were to find out what you are doing, would it damage your radio station in their eyes?”

Example #1

“Hey, did you know the radio station actually records all of those phone calls from listeners in advance, even though they sound live?”

Probable Listener Response: “Really? Huh! I never knew that.”

Damage To Radio Station: None

Example #2

“Hey, you know that redneck farmer who calls in to the morning show every week? That’s not a real farmer. That’s actually Ed Jock, changing his voice.”

Probable Listener Response: “You’re kidding! Wow. I never would’ve guessed.”

Damage To Radio Station: None

Example #3

“Hey, you know all those people you hear on Radio X, talking about how it’s their favorite radio station and how much they love the music?” (And for the station mentioned above: “…and how they appreciate the way it ministers to their spiritual needs?”)

Probable Listener Response: “What??? Those liars.”

Damage To Radio Station: Substantial

I wouldn’t be surprised if some readers take issue with my analysis. But again I pose the question:

“If your listeners were to find out what you are doing, would it damage your radio station in their eyes?”

First, the commercial, as broadcast on a major Los Angeles radio station…

I have to admit, I’m impressed: They did an astonishing number of dumb things in just 15 seconds.

1.  First words of the commercial are the advertiser’s name. That immediately tells the listener, “This isn’t about you. It’s about us.”

2.  Their Unique Selling Proposition: “One of the best entertainment values around.” When is the last time you found yourself really, really wanting to find one of the best entertainment values around?

3.  “Check out Sea Otter Maggie…in her new home!” Right. “Hey, kids! Sea Otter Maggie has a new home! Let’s go check her out!”

4.  “And don’t forget the Molina Animal Care Center.”

• It’s difficult to forget something you never heard of before.
• Saying “don’t forget” implies the topic is so trivial that the listener is likely to forget it. When you want someone to remember something, tell them to remember, not to not forget.
• And the reason we should remember (or not forget) the Molina Animal Care Center? Um…Well….

5.  “Call them….” Why? (Maybe you’re supposed to call and say, “Hey! Just wanted you to know I haven’t forgotten the Molina Animal Care Center.”)

6.  “…where the ocean and people connect.” Wow, what a positioning statement. News Flash: People in Southern California can (and do) “connect” with the ocean by…walking right up to it. Sometimes people even go into the ocean.

The Good News: Listeners never will tire of this radio advertisement, because they’ll never notice it.