Federal Election Commission proposes rule changes for online political ad disclaimers

The Federal Election Commission has proposed new rules for online political advertisements as officials consider measures meant to prevent foreign interests from anonymously meddling in U.S. affairs.

Commissioners presented two proposals Wednesday overhauling the FEC’s existing rules for internet ads that advocate a particular candidate, solicit contributions or are made by political committees, citing “technical advances” that have come to light since the agency last revised its rules for online disclaimers in 2006, as well as questions raised after Russian operatives allegedly interfered in the last U.S. presidential race.

Both proposals would expand the definition of communications currently covered by FEC’s disclosure rules to encompass ads seen on any “Internet-enabled device or application,” widening current requirements to take into consideration the popularity of products like smartphones and tablets that were relatively sparse when existing rules were written.

The first proposal would effectively broaden existing rules to encompass online ads, while the second proposal “would require disclaimers on internet communications to be clear and conspicuous and to meet the same general content requirement as other disclaimers, without imposing the additional disclaimer requirements that apply to print, radio and television communications,” according to FEC.

The FEC is seeking comments on both proposals and has scheduled a public hearing on the subject for June 27.

“We’re open to possibilities that aren’t even in this document,” FEC Chairwoman Caroline Hunter, a Republican, said Wednesday, NPR reported.

Despite emerging in the wake of alleged election meddling, the proposed regulations touted this week wouldn’t affect the type of politically-charged social media content Russian users propagated during the 2016 presidential race. The FEC’s proposals would only require disclaimers on ads that “contain express advocacy, solicit contributions or are made by political committees,” and makes no mention of the disinformation and propaganda that littered Facebook before and after the last White House race.

“This is a narrow rule-making. It’s not going to stop a lot of the things that we saw,” Ms. Hunter said, Bloomberg reported.

Commissioner Ellen Weintraub, a Democrat, agreed, adding that either proposal would be “an improvement.”

“It’s not going to solve all the problems that we saw in the last election, but it will be a step in the right direction,” she said.

Russian operatives exploited platforms including Facebook and Twitter in order push politically charged messages, disinformation and propaganda to U.S. audiences during the 2016 race, according to tech executives and federal lawmakers.

The Internet Research Agency, a professional “troll farm” implicated in Russia’s offensive cyber activities, spent about $100,000 promoting content displayed on Facebook during the 2016 election, according to the social network. Ultimately the trolls created content seen by upwards of 140 million Facebook accounts, including at least 129 event pages created for bogus political rallies and other events.

Four congressional committees and the Justice Department are currently investigating Russia’s role in the 2016 election, and federal prosecutors last month unsealed criminal charges against the Internet Research Agency and several of its employees.

Russia has denied meddling in the 2016 race.