What does it apply to?
California amended its existing political advertising laws to include online political advertising. (Cal. Gov. Code §§ 84504.3, 84504.6(a)(1) (California Legislative Information through Oct. 8, 2019)). The law applies to electronic media advertisements about candidates and ballot measures (§ 84504.3) and online platform disclosed advertisements (§ 84504.6(a)(1)).
What are the disclaimer requirements for electronic media advertisements?
The California Fair Political Practices Commission provides guidance on following the political advertising disclosure requirements within the state.
In California, the disclosure requirements for the electronic media advertisements depend on the nature of the ad, whether the ad qualifies as an independent expenditure, and who paid for the ad.
First, although candidate committees disseminating electronic media advertisements for that candidate’s own election are not required by law to disclose the committee’s name, disclosure is recommended by the California Fair Political Practices Commission.
Second, non-video electronic media advertisements that (1) support or oppose a ballot measure, (2) that contain a graphic, an image, or animated elements, and (3) that are “paid for by a committee other than a political party committee or candidate controlled committee” must state who paid for the ad using the language “Who funded this ad?”, “Paid for by,” or “Ad Paid for by” in an easily readable font and color. (§§ 84504.3(a)(1)-(b)(1)). These ads must also link to a webpage that lists the committee’s top contributors using the language “committee major funding from” and states the name of the committee that paid for the ad. (§ 84504.3(b)(2); § 84503(a)). This webpage must be available to the public for 30 days following the election. (§ 84504.3(e)).
Third, non-video electronic media advertisements that (1) are independent expenditures about a candidate or ballot measure, (2) that contain a graphic, an image, or animated elements, and (3) that are “paid for by a committee other than a political party committee or candidate controlled committee” must state who paid for the ad using the language “Who funded this ad?”, “Paid for by,” or “Ad Paid for by” in an easily readable font and color. (§§ 84504.3(a)(1)-(b)(1)). These ads must also link to a webpage that lists the committee’s top contributors using the language “committee major funding from,” and states the name of the committee that paid for the ad. (§§ 84504.3(b)(2)); 84503(a)). For independent expenditures, this page must also state that no candidate or candidate committee authorized the ad. (§§ 84504.3(b)(2); 84506.5). This webpage must be available to the public for 30 days following the election. (§ 84504.3(e)).
Fourth, non-video electronic media advertisements that (1) support or oppose a ballot measure, (2) that contain a graphic, an image, or animated elements, and (3) that are “paid for by a political party committee or candidate controlled committee” must state who paid for the ad using the language “Who funded this ad?”, “Paid for by,” or “Ad Paid for by” in an easily readable font and color. (§§ 84504.3(a)(2)-(b)(1)).
Fifth, non-video electronic media advertisements that (1) are independent expenditures about a candidate or ballot measure, (2) that contain a graphic, an image, or animated elements, and (3) are “paid for by a political party committee or candidate controlled committee” must state who paid for the ad using the language “Who funded this ad?”, “Paid for by,” or “Ad Paid for by” in an easily readable font and color. (§§ 84504.3(a)(2)-(b)(1)). These ads must also link to a webpage that states the name of the committee (§ 84504.3(b)(2)). This webpage must be available to the public for 30 days following the election. (§ 84504.3(e)). Finally, if the ad is an independent expenditure expressing support for or opposition of candidate, the ad must also state that no candidate or candidate committee authorized the ad. (§§ 84504.3(b)(2); 84506.5).
All electronic media advertisements that appear only in audio must follow separate disclosure requirements for radio advertisements. (§ 84504.3(f)).
The ad must state the name of the committee that paid for it using the language “Ad paid for by.” (§§ 84504(a); 84502(a)). If paid for by a committee other than a candidate or political party committee, it must also state the committee’s top contributors using the language “committee major funding from.” (§§ 84504(a); 84503(a)). If the ad is also an independent expenditure, it must state that the ad was not authorized by a candidate or candidate committee. (§§ 84504; 84506.5).
All electronic media advertisements that are videos must follow separate disclosure requirements for video advertisements. (§ 84504.3(g)).
If paid for by a committee other than a candidate committee or political party committee, the ad must state the name of the committee using the language “Ad paid for by” and state the committee’s top contributors using the language “committee major funding from.” (§§ 84504.1(a); 84502(a)(1); 84503(a)). If the ad is also an independent expenditure advocating for or against a candidate, it must also state that the ad was not authorized by a candidate or candidate committee. (§§ 84504.1(c); 84506.5).
If the ad is an independent expenditure paid for by a candidate committee or a political party committee, the ad must state the name of the committee using the language “Ad paid for by” and state that the ad was not authorized by a candidate or candidate committee. (§§ 84504.5; 84502(a)(2); 84506.5). If the ad is paid for by a candidate committee or political party committee and discusses a ballot measure, it must state the name of the committee using the language “Ad paid for by.” (§§ 84504.5; 84502(a)(2)).
Finally, committees disseminating online platform disclosed advertisements must disclose certain information about the ad to the platform. (§ 84504.6(b)). The committee must tell the platform that the ad meets the statutory definition of an online platform disclosed advertisement, the name of the committee that paid for the ad, the disclosure name of the committee, and the candidate or ballot measure referenced in the ad. (§ 84504.6(b)).
What responsibilities do platforms have?
Online platforms that disseminate online platform disclosed advertisements must either disclose the name of the committee that paid for the ad using the language “Paid for by” or link to a webpage with information about the committee using a button that states “Who funded this ad?” or “Paid for by.” (§ 84504.6(c)).
Online platforms must also keep records about the ads they disseminate for committees that have bought at least $500 worth of ad space in the past year. (§ 84504.6(d)(1)). These records must include a “digital copy of the advertisement,” the number of times the ad was viewed,“the date and time that the [ad] was first displayed and last displayed,” the candidate or ballot measure referenced in the ad, and the “name and identification number of the committee that paid for the advertisement.” (§ 84504.6(d)(1)). This information should be kept by the platform for four years. (§ 84504.6(d)(2)). It should made public via a button with the language “View Ads” on the committee’s page or profile, or in another location where average people would normally look to find information about a committee. (§ 84504.6(d)(3)).
Have platforms placed any restrictions on ads from this state?
Currently, Google requires that committees purchasing ads tell Google if their add meets the definition of an “online platform disclosed advertisement” and be verified by Google to run election advertisements.
Definitions for California:
An advertisement is any public communication that supports or opposes a candidate or ballot measure and is paid for by a committee. (§ 84501(a)(1)).
California defines “online platform disclosed advertisement” in two ways. (§ 84504.6(2)(A)). First, an online platform disclosed advertisement is a paid electronic media advertisement disseminated on “an online platform made via a form of electronic media that allows users to engage in discourse and post content . . . for which the committee pays the online platform, unless all advertisements on the platform are video advertisements that can comply” with the requirements for video ads. (§ 84504.6(2)(A)(i)). Second, an online platform disclosed advertisement is a “paid electronic media advertisement on an online platform that is not . . . (I) [a] graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to hyperlink to an internet website containing required disclosures . . . [or] (II) [v]ideo, audio, or email.” (§ 84504.6(2)(A)(ii)).
An online platform is a public website or app that sells advertising space directly to advertisers. (§ 84504.6(a)(1)).
A committee’s top contributors are those whose donations are one of the committee’s “highest cumulative contributions of fifty thousand dollars ($50,000) or more.” (§ 84501(c)(1)).
A committee’s disclosure name is the name the committee used in its Statement of Organization filed with the Secretary of State or the name the committee uses when filing campaign statements. (§ 84504.6(b)(2)(B)).