Did Sean Spicer Break the Law With His Tweets?

The ex-Trump staffer got caught sharing spon-con.

#NeverTweetChris Kleponis/CNP/ZUMA Wire

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No one would accuse Sean Spicer of being a fashion or beauty influencer, but it turns out he has something in common with them: shady spon-con practices. In the seeming eternity since he exited the White House in July 2017, Spicer has been quietly using his online presence to drum up business for the betting app PredictIt, one of his podcast’s sponsors.

On Wednesday, reporters on Twitter picked up on a week-old tweet from Spicer peddling sponsored content for PredictIt (the tweet has since been deleted):

 

In addition to providing Spicer with a promo code for his podcast listeners—the URL he tweeted included the name of his show—the company confirmed Wednesday that it pays Spicer a commission for sign-ups. (PredictIt did not return Mother Jones‘ request for comment but told Washington Post reporter Drew Harwell the cut “was not that much.”)

The problem? Spicer’s tweets appear to violate some pretty basic Federal Trade Commission regulations regarding paid endorsements on social media: 

“If there’s a connection between an endorser and the marketer that consumers would not expect and it would affect how consumers evaluate the endorsement, that connection should be disclosed. For example, if an ad features an endorser who’s a relative or employee of the marketer, the ad is misleading unless the connection is made clear. The same is usually true if the endorser has been paid or given something of value to tout the product. The reason is obvious: Knowing about the connection is important information for anyone evaluating the endorsement.” [Emphasis added]

The agency’s guide for promotional disclosures, which took approximately 30 seconds to find on Google, even outlines very specific protocols for Twitter:

The FTC isn’t mandating the specific wording of disclosures. However, the same general principle—that people get the information they need to evaluate sponsored statements—applies across the board, regardless of the advertising medium. The words “Sponsored” and “Promotion” use only 9 characters. “Paid ad” only uses 7 characters. Starting a tweet with “Ad:” or “#ad”—which takes only 3 characters—would likely be effective.”

Just three characters, Sean!

Spicer has also posted content on his Instagram promoting the site, where you can bet on things like how long the White House press secretary will last.

If the FTC’s thorough guides to Twitter and Instagram seem highly specific, it’s because those are the platforms where the agency has cracked down the most on shadowy influencers who are getting paid big bucks to promote brands. 

Mother Jones reached out to Spicer for comment and will update if we hear back.

Update Tuesday, December 6, 12:14 pm:  A spokesperson for the FTC says that the agency does not comment on whether or not it is investigating an individual or company, nor does it comment on open investigations.

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

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And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

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