Facebook and Google Political Ads Could Face New Federal Rules

Political ad buyers on Facebook, Google and other online platforms could face stricter disclosure requirements after the Federal Election Commission voted unanimously to move ahead on new rules for the internet, according to Bloomberg.

The FEC presented for public comment new regulations for online advertising disclosures for the first time since 2006. The new rules require disclaimers identifying the sponsors of online, mobile and other forms of digital advertising, offering alternative rules. The comment period will last 60 days, and a public hearing on the proposals is scheduled for June 27.

The FEC’s move comes amid growing concerns that Russia, which used social media platforms to influence the 2016 elections, will attempt to do the same in 2018. A February memorandum from Vice Chair Ellen Weintraub accompanying a preliminary draft of the proposed regulations cited Russia as a reason for "swift action." The effort is one of the few federal attempts to revise rules in the wake of election meddling by Russia and ahead of the midterm elections.

The rules apply to ads bought to promote the election or defeat of a federal candidate as well as online solicitations to raise money for a political committee or candidate. Other online spending by political committees, like a party celebrating an electoral victory, would also have to include disclaimers that identify who paid for the ad, similar to those used for television and radio ads. A federal candidate, for example, has to state his or her name and approval of the radio or television ad’s message.

The last time the FEC issued a ruling on internet advertising was in 2006, the year after YouTube was founded and at a time when Facebook had just 12 million users. That ruling required a disclaimer for all "paid internet advertising placed on another person’s website," such as banner ads. The requirement exempted other forms of internet communications, including blog posts.