Free Speech Project: TV’s Lessons for Political Ads Online

The heavily regulated world of political advertising on broadcast TV stands in stark contrast to the wild west of political advertising online. Broadcast TV is subject to strict rules on recordkeeping and disclosure, as well as limits on who can buy such ads and how much they can be charged. In contrast, social media companies, like print publications, are free to adopt whatever standards they want for paid political messaging. But given the opaque sourcing of online political ads and their potential virality, should we apply broadcast rules to online ads? What should be done to address unique features of online advertising, like the ability to microtarget ads to discrete sets of users? How do we even define what counts as a “political” ad?

On Wednesday, April 29, 2020 the panel met to discuss how broadcast TV can inform regulating online political ads with two leaders of broadcast and election regulation.

Featuring Jennifer Daskal, Professor and Faculty Director, Tech, Law, & Security Program at American University Washington College of Law; Rick Kaplan, General Counsel and Executive Vice President, Legal and Regulatory Affairs, National Association of Broadcasters; and, Ellen Weintraub, Commissioner, Federal Election Commission.

The Free Speech Project is in partnership with the Tech, Law & Security Program at American University Washington College of Law.