Oversight of Federal Political Advertisement Laws and Regulations

PURPOSE:

• To examine the different regulations and laws that govern political advertisement disclaimers and disclosures. 
• To highlight the importance of free speech and First Amendment implications of attempting to regulate political speech. 

BACKGROUND:

• The IT Subcommittee has held a series of hearings analyzing existing laws and regulations for potential updates to reflect technological advances.
  
• The Federal Election Commission (FEC) oversees civil campaign finance laws and enforces disclaimer requirements for all public communication related to campaigns for federal offices.
• Disclaimers must include whether the candidate authorized or did not authorize the advertisement as well as who paid for the advertisement. 
• In 2006, the FEC issued a final rule to expand the definition of public advertisements to include paid internet ads. A number of Advisory Opinions were submitted in an effort to seek relief from these new requirements. 
• On October 10, 2017, the FEC voted to reopen an Advanced Notice of Proposed Rulemaking period (ANPRM) seeking additional comments on the new internet advertising rules.