What does it apply to?
Virginia amended its existing political advertising laws to include political advertisements “placed or promoted for a fee on an online platform.” (Va. Stat. § 24.2-955).
Disclosure requirements apply to any sponsor of a political ad unless the sponsor is an individual who makes total independent expenditures less than:
(1) $1000 in an election cycle for or against a candidate for statewide office or
(2) $200 in an election cycle against a candidate for any other office or an individual who incurs expenses only with respect to a referendum.
(§ 24.2-955).
Individuals and organizations that purchase an online political ad or promote a political ad on an online platform must tell the platform they are political advertisers and certify that they are permitted under state and local laws to purchase or promote online political advertisements. (§ 24.2-960).
Individuals and organizations that purchase an online political ad or promote a political ad on an online platform must tell the platform they are political advertisers and certify that they are permitted under state and local laws to purchase or promote online political advertisements. (§ 24.2-960).
What are the disclaimer requirements?
In Virginia, the disclosure requirements for online political advertisements depend on the nature of the ad and who paid for it.
Online ads without video or audio are subject to the same disclosure requirements as print advertisements. (§ 24.2-955.1). Each of these ads that are sponsored by a candidate or campaign committee must state the name of the candidate(s) or committee(s) who paid for it using the language “paid for by” or “authorized by” if the ad supports a candidate who is the sponsor and the ad makes no reference to any other clearly identified candidate, (§§ 24.2-956(1),(3)). If the ad makes reference to any other clearly identified candidate who is not the sponsor, the ad should say either “authorized by [candidate], candidate for [office],” or “Not authorized by any other candidate.” (§ 24.2-956(2)). The disclosure statement must be displayed in a minimum font size of seven points. (§ 24.2-956(5)). If the advertisement is too small for a disclosure in a minimum font size of seven points, the advertisement may instead link to a landing page that displays the disclosure statement “in a conspicuous manner.” (§ 24.2-956(5)).
Non-video/audio online ads that are sponsored by an individual or political committee other than a campaign committee must meet the same disclosure requirements as ads sponsored by a candidate or campaign committee. (§§ 24.2-956.1(1), (2), (4), (5)). Additionally, in an ad that identifies a candidate the sponsor is opposing, the sponsor must disclose the name of the candidate who is intended to benefit from the ad if the sponsor coordinates with or has the authorization of the benefited candidate. (§ 24.2-956.1(3)).
Online video ads are subject to the same disclosure requirements as television advertisements, but the Virginia law does not impose liability on online platforms for any political ads that fail to include the required disclosures. (§ 24.2-957(A)).
Online video ads that are sponsored by a candidate or candidate campaign committee must state the name of the candidate(s) or committee(s) who paid for it using the language “paid for by” or “authorized by” if the candidate is the sponsor and the ad makes no reference to any other clearly identified candidate. (§ 24.2-957.1(1)). If the ad is jointly sponsored, the disclosure statement must include the names of all sponsors. The candidate must be the disclosing individual; if the ad is sponsored by more than one candidate, at least one of the candidates must be the disclosing individual. (§ 24.2-957.1(6)).
If an ad makes reference to another clearly identified candidate, it must include a spoken disclosure statement by the sponsoring candidate including the words, “I am [candidate’s name], candidate for [office], and I sponsored this ad.” (§ 24.2-957.1(2)). In the oral disclosure, the sponsor may choose to identify an ad as either supporting or opposing the nomination or election of one or more clearly identified candidates. (§ 24.2-957.1(5)).
Throughout the disclosure statement, the ad must include an unobscured, full-screen picture of the candidate, either as a photograph or through the actual appearance of the candidate on camera.(§ 24.2-957.1(3)). The disclosure may be placed at any point during the ad, unless the ad is more than five minutes, in which case the disclosure statement must be made at both the beginning and the end of the ad. (§ 24.2-957.1(4)).
Online video ads sponsored by a political committee must state the name of the committee(s) who paid for it using the language “paid for by” (§ 24.2-957.2(1)). They must also include a spoken disclosure from the chief executive officer or treasurer of the committee including the words: “The [name of political committee] sponsored this ad.” (§ 24.2-957.2(2)). If the ad is jointly sponsored, the disclosure statement must include the names of all sponsors and the disclosing individual must be one of those sponsors. (§§ 24.2-957.2(3), (10)). Throughout the disclosure statement, the ad must include an unobscured, full-screen picture of the candidate, either as a photograph or through the actual appearance of the candidate on camera.(§ 24.2-957.2(7)). The disclosure may be placed at any point during the ad unless the ad is more than five minutes, in which case the disclosure statement must be made at both the beginning and the end of the ad. (§ 24.2-957.2(8)).
Online video ads sponsored by a person other than a candidate campaign committee or political committee must include a spoken disclosure statement by the individual or entity sponsoring the ad using the language: “I am [individual’s name], and I sponsored this ad,” or “[Name of entity] paid for (or ‘sponsored’ or ‘furnished’ this ad.” (§§ 24.2-957.3(A)(1)–(2)). The disclosure statement may choose to identify the ad as either supporting or opposing the nomination or election of one or more clearly identified candidates. (§ 24.2-957.3(B)). If the ad is jointly sponsored, the disclosure statement must include the names of all sponsors. (§ 24.2-957.3(C)).
Online audio ads are subject to the same disclosure requirements as radio ads, but online platforms are not liable for political ads that fail to include required disclosures. (§§ 24.2-958(A), (D)).
The disclosure requirements for online audio ads are similar to the requirements for online video ads except that there are no visual requirements. (See §§ 24.2-958.1, 24.2-958.2, 24.2-958.3). In addition, disclosure statements for online audio ads must be at least two seconds and should be spoken so that their contents are easily understood. (§§ 24.2-958.1(3), 24.2-958.2(1)(ii)).
Have platforms placed any restrictions on ads from this state?
Currently, Google requires online political advertisers in Virginia to (1) identify themselves as online political advertisers, (2) certify to Google that they are permitted under state and local laws to lawfully purchase or promote online political advertisements, and (3) verify their account.
Definitions for Virginia:
“Advertisement” means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3. (§ 24.2-955.1).
“Advertisement” shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel. (§ 24.2-955.1).
“Online platform” means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements. (§ 24.2-955.1).
“Online political advertisement” means an advertisement that is placed or promoted for a fee on an online platform. (§ 24.2-955.1).
“Online political advertiser” means any person who purchases an advertisement from an online platform or promotes an advertisement on an online platform for a fee. (§ 24.2-955.1).
“Print media” means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. (§ 24.2-955.1).
“Political committee” means any political action committee, political party committee, referendum committee, or inaugural committee. (§ 24.2-955.1; § 24.2-945.1).
“Candidate campaign committee” means the committee designated by a candidate to receive all contributions and make all expenditures for them or on their behalf in connection with their nomination or election. (§ 24.2-955.1; § 24.2-945.1).
“Sponsor” means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement. (§ 24.2-955.1).