POLITICAL ADS
Political ads — who must sign them and what stations must air
Updated
Two federal laws shape campaign ads. Campaign finance law requires an ad to say who paid for it and whether a candidate approved it. Communications law gives candidates rights at broadcast TV and radio stations: to buy airtime, to be treated like their opponents and to pay the lowest rate before an election. A station may not censor a candidate’s own ad.
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Every ad says who paid
An ad paid for by a campaign, a party or a political committee must say who paid for it (“Paid for by Smith for Congress”) and whether a candidate authorized it; an outside group’s ad must say that no candidate did. Online ads need a written notice that people can read without clicking.
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“I approved this message”
In radio and TV ads authorized by a candidate, the candidate must say in their own voice that they approved the ad. In a TV ad the statement comes with the candidate on screen, speaking or in a photo.
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Stations must sell federal candidates time
A broadcast TV or radio station can lose its license if it refuses to sell reasonable amounts of airtime to candidates for Congress or President. In the 45 days before a primary and the 60 days before a general election, candidates pay the station’s lowest rate for the same kind of time.
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Equal time, no editing
If a station lets one candidate use its airtime, it must offer the same to that candidate’s opponents for the office. Appearances in newscasts, news interviews, documentaries and coverage of news events don’t count. The station may not censor what a candidate says in their own ad.
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Rights for candidates only
The law gives these broadcast rights to candidates. Ads paid for by anyone else, such as super PACs and other outside groups, get neither the lowest rate nor equal time, though they must still say who paid for them.
Sources
- FEC: Advertising and disclaimers(opens in a new tab)
- 47 U.S.C. §315: candidates for public office (Cornell LII)(opens in a new tab)
- 47 U.S.C. §312(a)(7): reasonable access for federal candidates (Cornell LII)(opens in a new tab)
- Congressional Research Service: The FCC’s Political Broadcasting Regulations (RS21963)(opens in a new tab)