The recent FTC-imposed restrictions on Omnicom’s $13.5 billion merger with IPG signal how complicated the brand safety landscape has become. Brand safety now sits at the confusing intersection of politics, social responsibility, and platform accountability. This new set of limitations curtails agencies’ ability to direct ad dollars based on industry norm brand suitability considerations. The FTC leaves brands largely on their own to navigate an environment where “political or ideological discrimination” creates a seriously tenuous situation for marketer ad spends. From a recent MediaPost article, "clients are going to be on their own in doing brand safety," says Tushnet, an expert in both First Amendment law and advertising law. "Omnicom is not going to be allowed to help them," she adds. Tushnet says that while the FTC's conditions will allow Omnicom/IPG to respond to instructions from clients, the holding company's agencies won't be able to offer clients a brand safety package. The boundaries between free speech, reputational risk, and audience values have never been murkier.
According to an Advertiser Perceptions report, 41% of buyers cited brand safety concerns as a primary reason for curtailing ad spend - this is essentially equal to those citing poor ad performance. With the FTC ruling, marketers and agencies will have to analyze carefully which ad environments/placements suppress ad performance instead of relying on brand-driven values or self-imposed socially responsible behaviors and choices. Social platforms are super attractive to brands based on reach and impact, given their wide appeal and the traffic and engagement they provide. Additionally, as Creators gain steam in a digital commerce economy, creator-driven virality is not only highly valued, but now, even seemingly neutral partnerships can quickly veer into reputational hazards.
Meanwhile, at the Cannes Lions this year, the pressure on publishers and news outlets continues to mount, as brands avoid journalism environments. At a panel chaired by Press Gazette and hosted by advertising technology company Equativ, concerns were raised from marketers about advertising appearing next to negative stories has led to billions worth of advertising leaving journalism outlets in the UK and US.
Influencers too are increasingly caught in this widening gap. What was once a manageable list of hot-button or “third-rail” topics, has expanded into nearly every facet of daily life, leaving creators vulnerable to economic consequences for expressing basic human values. As digital economies intertwine with ideological “wars,” platforms like Microsoft Advertising have doubled down on enforcement, removing over one billion policy-violating ads in 2024 alone. The takeaway for brands is how to develop compelling data to justify their content choices and track these spaces over time – to create norms they act in their defense. The way forward is going to be to invest in clear and adaptable brand safety frameworks that prioritize reputational risk, which is now a double–edged sword.