Eleanor Finch
Political advertising is a highly contentious issue, with companies and candidates facing scrutiny for spreading misinformation and false claims. While companies are subject to truth in advertising rules, these regulations do not extend to political advertisements. This loophole has led to a rise in fake news articles and misleading claims, with social media platforms becoming a breeding ground for such content. The question of whether companies can lie about political candidates in ad campaigns is a complex one, with free speech and the First Amendment often cited as protection for these untruths. However, there are some rules and regulations in place, and the consequences of spreading misinformation can be severe.
| Characteristics | Values |
|---|---|
| Government regulation | The government cannot regulate the content of candidates' political ads. |
| First Amendment | The First Amendment protects political speech. |
| Truth in advertising rules | These rules do not apply to political ads. |
| Unprotected speech | Defamation, voter suppression, and false statements about when or how to vote are types of unprotected speech for which a candidate could be liable. |
| Social media platforms | Social media platforms may determine their own policies for political advertisements. They may choose to enact policies that ban misleading or false claims. |
| Broadcast stations | Broadcast stations are free to choose which third-party ads to air. They would be liable for content in their own programs and for non-candidate ads they choose to air when not required to do so. |
| Cable channels | Cable channels have more latitude to determine which ads to allow or disallow. |
| Country-specific policies | Political campaigning ads are permitted in some countries, such as Argentina, Colombia, and the United States, and restricted in others. |
| Advertiser requirements | Advertisers must comply with country-specific election laws and obtain pre-approval or certification to run political ads. |
| Ad disclosures | Candidates must disclose their name and approval in each ad. Basic ad disclosures apply to materials disseminated by a candidate for their own election. Stricter rules apply to ballot measure and independent expenditure advertisements. |
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What You'll Learn
Social media platforms' policies on political ads
Social media platforms have varying policies regarding political ads, and these policies are constantly evolving. Platforms like Facebook, Instagram, Snapchat, YouTube, and TikTok have different approaches to handling political advertisements.
Facebook, for instance, has been criticised for exempting politicians from its third-party fact-checking program, allowing them to run ads with false claims. This policy has been attacked by critics who argue that it could spread misinformation and cause voter suppression. Facebook, however, is not obligated to comply with the First Amendment, as it is a private company that can set its own content policies.
TikTok, on the other hand, has chosen not to allow any political advertising on its platform, aiming to maintain a "light-hearted and irreverent" environment. Similarly, Pinterest has decided to ban all political campaign ads to create a "positive, welcoming environment" for its users, recognising that such ads are divisive by nature.
Google, including YouTube, has allowed political ads but with restrictions on targeting. Google's policy only permits targeting broad categories like zip code, sex, and age, along with contextual targeting. This means an ad about immigration policy can be targeted at someone reading an article on the same topic.
Some platforms, like Snap, do not ban "attack" ads entirely but prohibit attacks relating to a candidate's personal life. Additionally, platforms like Reddit allow ads related to political issues and federal-level candidates but not for state or local elections.
The policies of these platforms are constantly evolving, especially in the lead-up to elections, as they face growing pressure to prevent the spread of misinformation and protect the integrity of democratic processes.
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Legal consequences for lying in political ads
Political ads are generally considered free speech under the First Amendment, and the government cannot regulate their content. Lying in a political ad does not automatically forfeit protection as free speech. However, if an ad contains lies that meet the high bar for unprotected speech, such as defamation or voter suppression, those harmed by the speech could sue. To sue, one would have to prove they were specifically harmed by the ad, such as being the person defamed.
In the case of broadcast stations, they are not liable for the content of candidate ads but are responsible for other election-related content they create and broadcast. They are also free to choose which ads from third parties to air. However, if they choose to air non-candidate ads that include false information causing harm, the station and the speaker could be liable.
Social media platforms are also free to choose which political ads to show and may enact policies banning misleading or false claims. While platforms are not liable for the content of the ads, they can be held to their own standards if they choose to implement rules requiring truth in advertising.
In summary, while there may be limited legal consequences for lying in political ads due to First Amendment protections, there is a potential for liability in cases of unprotected speech, and social media platforms and broadcast stations can choose to hold ads to a higher standard.
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Restrictions on political ads in different countries
Political advertising is a highly regulated industry, with rules varying across different countries and platforms. In the United States, the First Amendment protects political speech, meaning the government cannot regulate the content of candidates' political ads. However, this does not include categories of speech that are not protected, such as defamation or voter suppression. Social media platforms like Facebook, Instagram, and YouTube are not liable for the content of political ads, but they may determine their own policies and choose not to allow political ads or require them to be true.
In terms of international regulations, Google has different requirements for political and election advertising based on the region. In some regions, election ads may only run if the advertiser is verified by Google, and they must comply with local legal requirements, including mandated election "silence periods". Google also provides a list of countries where political campaigning ads are permitted, including Argentina, Colombia, Ecuador, Ghana, Japan, Indonesia, Mexico, Panama, Peru, South Africa, the United Kingdom, and the United States.
Other companies, such as X, also have their own policies regarding political content ads. These ads are defined as those that reference a candidate, political party, elected or appointed government official, election, referendum, ballot measure, legislation, regulation, directive, or judicial outcome. Political content ads are permitted in several countries, including Argentina, Chile, Colombia, Ecuador, Ghana, India, Indonesia, Israel, Japan, Mexico, Peru, Saudi Arabia, South Africa, the United Arab Emirates, the United Kingdom, and the United States. However, advertisers may not promote false or misleading content and must comply with country-specific election laws and restrictions.
In France, Google prohibits ads containing informational content relating to a debate of general interest during the three months before a general election and until the election is over. This does not include ads run by official government communication bodies.
The impact of political ads is an important issue, with fake election news ads on social media luring people into investment schemes, as seen in Canada. This has prompted companies like Meta to take down some of the Facebook accounts and websites behind these ads.
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Disclosure requirements for political ads
In the United States, the First Amendment protects political speech in political ads. Therefore, the government generally cannot regulate the content of candidates' political ads, and candidates cannot be punished for what they say in these ads. However, there are some exceptions to this, such as in cases of defamation or voter suppression.
In California, for example, candidates and political committees must put disclosures on campaign advertisements that identify the committee that paid for or authorized the communication. This can be done through a basic disclosure such as "Paid for by [committee name]." Additionally, California has established sponsorship disclaimer requirements and record-keeping requirements for "electronic media advertisements" and "online platform-disclosed advertisements."
Other states with disclosure and record-keeping regulations for online political advertising include Alaska, Colorado, Virginia, Maryland, Nevada, New Jersey, New York, and Washington. These states may have different requirements, such as sponsorship disclaimer requirements or placing the responsibility for record-keeping on the online platforms that run the ads.
It is important to note that social media platforms may also have their own policies for political advertisements. For example, platforms like Facebook, Instagram, and YouTube are not liable for the content of political ads, but they may choose to enact policies that ban misleading or false claims that could interfere with people's ability to vote.
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Fake news in political ads
Legal Landscape
In the United States, the First Amendment protects political speech, including that which is false or misleading, to foster "legitimate political discourse." The Supreme Court has ruled that false and misleading statements about public officials are legal unless made with "malice" and a "reckless disregard" for the truth. This high bar for unprotected speech means that politicians can generally stretch the truth or lie in their advertising campaigns without legal repercussions.
Social Media Platforms
Social media platforms like Facebook, Instagram, and YouTube are not liable for the content of political ads posted on their sites. However, they may choose to enact policies regarding political advertisements. For example, many platforms have banned misleading or false claims that could interfere with elections.
Disclosure Requirements
To promote transparency, election disclosure requirements mandate that candidates include their names and approval in each political ad they create. Additionally, basic ad disclosure rules require campaign advertisements to identify the committee that funded or authorized the ad, such as through statements like "Paid for by [committee name]." These disclosures are intended to clarify who is responsible for the content of the advertisement.
Real-World Impact
Combating Fake News
Despite the challenges in regulating political ads, some measures can be taken to address fake news. Social media platforms can implement their own policies, and news organizations can fact-check and expose false claims. Additionally, individuals can report suspicious ads to relevant organizations, and voters can be vigilant in verifying the information they encounter.
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Frequently asked questions
Companies are not allowed to promote false or misleading content in their ad campaigns. However, they are permitted to advertise from government official entities or agencies, provided they obtain pre-approval.
Political candidates are generally protected by the First Amendment and are allowed to lie in their ad campaigns. However, they must state their name and approval in each ad and can be sued for defamation or voter suppression.
Broadcast stations have little latitude to pull ads down as they are not allowed to interfere with free speech. However, they would be liable for content in their own programs and non-candidate ads they choose to air.
Social media platforms may determine their own policies for political advertisements. They may choose not to allow any political ads or hold candidates' ads to the same standard as other ads, requiring them to be true. Many platforms have chosen to ban misleading or false claims.
