The Federal Election Commission last week approved a final rule establishing requirements for sponsorship disclaimers on political ads. The Commission’s internet disclaimer rule has been unchanged since 2006, at times leaving advertisers and platforms for political ads uncertain about how the rule applies to evolving technologies. The FEC’s review is ongoing, and the public is invited to comment on whether additional rules are necessary to regulate social media influencers, boosted ads, and other forms of digital advertising.
Technological Modernization. The rule approved this week incorporates proposed changes we first wrote about in 2018. To start with, the new rule makes clear that the current disclaimer requirements for ads placed for a fee on websites also apply to paid advertising through other digital platforms, such as social media, mobile apps, and streaming sites. This modernizes the rule to accommodate emerging technologies and is consistent with what has become common practice on major social media platforms and online advertising networks.