Media and publishing: the numbers, the rules, the AI picture.

• Google spam policies: site reputation and scaled content abuse

  Google’s site reputation policy targets third-party content published on a host site mainly to borrow that site’s ranking signals. Scaled content abuse covers generating many pages, by AI or any other means, mainly to manipulate rankings without adding value. Syndicated news, wire copy, columns and advertorials shared directly with readers are named as not inconsistent with the policy.

  What it means: Coupon, "best of", casino or loan sections run by a partner on your domain are the classic risk, unless your newsroom controls and integrates the content. AI-assisted rewrites of other outlets’ stories at volume are scaled content abuse. Google says it may apply manual actions outside the European Economic Area, and handles affected pages differently inside it.

  [9] developers.google.com

• Google News and Discover content policies

  Google News asks publishers to show clear dates, bylines, author and publisher information, the company behind the site and contact details. It does not allow sponsored content that is concealed or misrepresented as independent editorial, and paid promotion should not exceed your content. Discover tells publishers to avoid clickbait and can issue manual actions for policy violations.

  What it means: Every article needs a byline linked to an author page, a visible date and an about page that names the owner. Label sponsored and affiliate work in the open. Write Discover headlines that describe the story honestly, and use images at least 1,200 pixels wide with the max-image-preview:large setting. Google says eligibility is never a guarantee of appearing.

  [10] support.google.com

• Paywalled content structured data and flexible sampling

  Google’s paywalled content markup uses isAccessibleForFree set to false and a cssSelector pointing to the paywalled section. Google says the markup helps it tell a paywall apart from cloaking, which breaks its spam policies. Its flexible sampling guide suggests most daily news publishers allow 6 to 10 free articles a month and leaves the number to you.

  What it means: If Googlebot sees the full article and readers see a paywall, mark it up or risk being treated as cloaking. Use class selectors only, as Google requires. Show a short lead-in before the paywall, which Google calls good practice. Test the meter: a limit set too low cuts search referrals, too high cuts subscriptions.

  [11] developers.google.com

• FTC Enforcement Policy Statement on Deceptively Formatted Advertisements (native ads)

  The FTC treats an ad as deceptive if it is not readily identifiable as an ad, even when every product claim in it is true. Its business guide says "Ad", "Advertisement", "Paid Advertisement" and "Sponsored Advertising Content" are likely understood. It calls "Promoted" ambiguous, and warns that "Presented by" or "Sponsored by" may suggest the sponsor only funded the piece.

  What it means: Put a plain label in front of or above the headline of every sponsored article, video and social post, and keep it when the piece is shared. Do not let a sponsored listing look like an editorial card in a mixed feed. The FTC says everyone who helps create or present a native ad, publishers included, shares responsibility.

  [12] ftc.gov

• FTC Endorsement Guides (16 CFR Part 255): affiliate links and host reads

  A material connection, such as payment, free product or a commission, must be disclosed clearly and conspicuously. The FTC says a "Paid link" label next to an affiliate link is adequate, but "affiliate link" alone is not. Talk show hosts who praise a paid product are endorsers, and a disclosure made in audio should be made at least audibly.

  What it means: Commerce and review content needs a disclosure close to the recommendation, not only in a footer. Podcast and video hosts reading a sponsor’s ad should say it is sponsored at the start. Do not run a reviewer’s opinion they do not hold. The FTC revised the Guides in 2023 and added a definition of clear and conspicuous.

  [13] ftc.gov

• ROSCA: online subscriptions and free trials

  The Restore Online Shoppers’ Confidence Act, 15 U.S.C. 8403, requires sellers using a negative option online to disclose all material terms clearly before taking billing information. They must get express informed consent before charging and provide simple mechanisms to stop recurring charges. It covers digital subscriptions, memberships and free trials that convert to paid.

  What it means: Show price, billing frequency, trial end date and how to cancel next to the subscribe button. Use an unchecked consent box or a clear action, and keep the record. Let readers cancel online without a phone call, a chat maze or a forced retention offer. This statute applies whatever happens to the FTC rule.

  [14] law.cornell.edu

• FTC Negative Option Rule and the vacated click-to-cancel amendments

  The Eighth Circuit vacated the FTC’s amended Negative Option Rule, known as click-to-cancel, on July 8, 2025, in Custom Communications v. FTC. The FTC says the vacatur reinstated the 1973 rule, which covers only prenotification plans. The FTC announced a new advance notice of proposed rulemaking on March 11, 2026, with comments open for 30 days.

  What it means: No federal click-to-cancel rule is in force as of the sources. ROSCA and Section 5 of the FTC Act still apply, and the FTC is weighing whether to bring parts of the 2024 rule back. Build cancellation to the stricter standard now, so a new rule does not force a rebuild. Check the FTC site before you change billing flows.

  [15] ftc.gov

• California Automatic Renewal Law, as amended by AB 2863

  Law firm Fenwick reports that from July 1, 2025 California requires express affirmative consent to automatic renewal terms and covers free-to-pay conversions. It requires annual reminders and online cancellation for online sign-ups. Save offers are allowed only if a click-to-cancel option appears at the same time. Consent records must be kept for three years, or one year after termination if longer.

  What it means: Any publisher with California subscribers needs a separate renewal consent step, a yearly reminder email and an online cancel button. Retention discounts can appear, but never instead of the cancel option. Other states have their own automatic renewal laws, so design to the strictest state you sell into and ask counsel to confirm.

  [16] fenwick.com

• CAN-SPAM Act: newsletters and sponsor emails

  Commercial email must use accurate headers and non-deceptive subject lines, identify itself as an ad, include a valid physical postal address and explain how to opt out. Opt-outs must be honored within 10 business days. The FTC judges mixed messages by their primary purpose, and says each violating email can cost up to $53,088.

  What it means: A dedicated sponsor send is commercial email and needs every element. An editorial newsletter with ads should still carry your postal address and a one-click unsubscribe that works across all marketing lists. If an email platform or a list partner sends for you, you remain responsible. Never import a list you did not collect.

  [17] ftc.gov

• COPPA Rule: audiences under 13

  COPPA applies to sites and apps directed to children under 13, and to general audience sites with actual knowledge they collect personal information from a child. Cookies and device IDs count as personal information unless used only for internal operations. Amendments published April 22, 2025 require separate parental consent to share children’s data for targeted advertising, with a year to comply.

  What it means: Kids, family, education and gaming publishers must decide whether the site is child-directed, using the FTC’s factors such as subject, visuals, characters and ads. If it is, behavioral ad tags and third-party trackers need parental consent. The FTC said in February 2026 it will not enforce against collection used only to verify age, under set conditions.

  [18] ftc.gov

• Canada: Online News Act

  Canada’s Online News Act led Meta to end news availability for people in Canada on Facebook and Instagram from August 1, 2023. In October 2024 the CRTC granted Google a five-year exemption, on condition that it pays $100 million to the Canadian Journalism Collective. The Collective distributes the money to eligible Canadian news organizations.

  What it means: A Canadian news outlet cannot rely on Facebook or Instagram to reach readers in Canada, so search, email and direct traffic carry more weight. Eligible outlets should check whether they qualify for Collective funding. US publishers with Canadian readers are affected too, because their news content is not viewable in Canada on Meta’s apps.

  [19] canada.ca

This is general information, not legal advice. Subscription, advertising, email and privacy rules change often and differ by state and country. Have a media lawyer review your subscription flow, sponsor labels and data practices before launch.