|
From the Hotline
By Teri Henning, General Counsel
Pennsylvania Newspaper Association
Q: What are the issues regarding political advertisements for state or local elections?
A:
Financing Advertising
Under Pennsylvania law, political advertisements may only be financed by individuals, duly authorized candidates, or political committees. It is illegal for any private companies, labor unions, national or state banks, trade associations, etc. to make political contributions by financing political advertising unless the expenditure relates to questions to be voted on by the electors of the Commonwealth.
Disclosures
Certain disclosures must be included in every political advertisement. The required disclosures depend upon who is paying for the advertisement and whether the ad is authorized by the political candidate. All advertisements must include an indication of who financed the advertisement.
| · |
If the candidate/authorized political committee pays for the advertisement: If the advertisement was authorized by a candidate, his authorized political committee or their agents, there must be a clear and conspicuous statement that the advertisement has been authorized. The advertisement should state “authorized and paid for by...” |
| · |
Unauthorized advertisements: If the ad was not authorized by a candidate, his authorized political committee, or their agents, there must be a clear and conspicuous statement of the name of the person or committee who made or financed the advertisement. |
| · |
If political committees pay for the advertisement: In the case of a political committee financing the advertisement, the disclosure must include the name of any affiliated or connected organization. |
Timing of Advertisements
Pennsylvania’s Election Code (section 1638(b)) contains a provision restricting the placement of certain political advertisements in the last days of an election and requiring notice to the opposing party. The provision, as written, makes it a criminal offense to violate the statute. In Commonwealth v. Wadzinski, 492 Pa. 35, 422 A.2d 124 (1980), the Pennsylvania Supreme Court declared a former version of this section to be unconstitutional. Based on the Wadzinski decision, the Office of the Secretary of the Commonwealth takes the position that Section 1638 (b) is unenforceable.
Political Advertising Rates
Corporations are prohibited from making political contributions to candidates. “Contribution” is defined to include, among other things: 1) the granting or discounts or rebates not available to the general public; and 2) the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office. Under this definition, it is clear that a “discount or rebate” offered by a newspaper to one candidate must be extended on an equal basis to all candidates. Even then, however, there is a question about whether that discount or rebate must also be made available to the general public.
There are no Pennsylvania court rulings on this issue, but newspapers may certainly offer political candidates discounts that are the same as those offered to other similarly situated advertising accounts. For example, tiered pricing based upon the size or the duration of the advertisement is legal. Any such discount must, of course, be available to all candidates. Newspapers should contact their legal counsel or the PNA’s legal hotline at (717) 703-3080 if they have any questions or concerns regarding political ad rates.
Defamation Concerns
Finally, all advertising should be reviewed for defamation concerns. Although political ads generally refer to public officials/public figures (requiring a plaintiff to prove actual malice before the newspaper would be held liable), these actions are expensive to defend and there are never any guarantees. Newspapers should contact their legal counsel or the PNA’s Legal Hotline at (717) 703-3080 if they have concerns about the content of a particular advertisement.
Use this link to the Headlines & Deadlines archive of Teri Henning's weekly 'From the Hotline' columns.
[HOTLINE
ARCHIVE]
[BACK TO HEADLINES & DEADLINES HOME PAGE]
|
