The Federal Election Commission, trying to catch up to the internet age, is proposing to apply sweeping new regulations to online ads as tiny as those appearing on a smartphone.
Dueling Republican and Democratic proposals offered Wednesday are aimed at tackling the $1.4 billion online political advertising market. That spending record set in 2016 is 780 percent higher than it was 10 years ago.
The agency is bidding to address the huge shift by political campaigns away from costly TV, print and radio ads to Facebook, Google and Twitter and other online platforms including those managed by media outlets.
“As we now know, traditional media, radio, television, newspaper, mail is becoming less and less relevant for purposes of receiving and consuming political news, making contributions, organizing political movements, even getting get out the vote activities. Increasingly is being done in an online environment,” said Republican Commissioner Matthew S. Peterson.
In Wednesday’s action, the FEC voted 4-0 to study the two proposals to capture online ads in new regulation.
In the past paid political ads have required FEC disclaimers identifying the group or person who paid for the ad. But with smaller online platforms, confusion has developed over whether they are required to carry the disclaimers, or whether they are exempt like pens, bumper stickers, and campaign buttons.
Under a rule proposed by Democratic Commissioner Ellen Weintraub, disclaimers would be required on the face of all online ads, regardless of size or functionality, and online ads would be regulated just like television and print ads.
The FEC today approved a Draft Notice of Proposed Rulemaking on internet communication disclaimers and the definition of “public communication.” https://t.co/Bjhwc19DcD
— The FEC (@FEC) March 14, 2018
Republican Chairwoman Caroline Hunter’s proposal would offer more flexibility. For example, if the disclaimer would cover over 10 percent of the ad space or pixels,it could appear as a pop up or roll-over.
Hanging over the issue is how it will be enforced and deep GOP concerns that Democrats on the Commission want to hold media and social media websites responsible for making sure the disclaimers are included, a break from past practices.
The FEC is seeking public comment on the proposals.
Former FEC Chairman Lee Goodman told Secrets that flexibility is key, especially as technology favors smaller and smaller applications.
“It will be important that the Commission preserve flexibility and embrace technological solutions like rollovers and click-through disclaimers so that political messages can be disseminated through new and evolving technologies and advertising platforms. The disclaimers should not censor political messages. But just as important, the public should be aware that some commissioners are trying – not in the rulemaking but in the enforcement context – to shift legal liability for compliance with the new rules to press publications and online advertising platforms. There is no legal basis for imposing legal liability upon the press as a condition of making their publications available for political advertisements.”
