Sec. 2. Application of disclaimer statements to online communications
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Subsection
(a)of section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120 ) is amended— by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication ; and by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication . Paragraph
(22)of section 301 of such Act ( 52 U.S.C. 30101(22) ) is amended by striking or satellite communication and inserting satellite, paid internet, or paid digital communication . Subsection
(a)of section 318 of such Act ( 52 U.S.C. 30120(a) ) is amended— by striking shall clearly state each place it appears in paragraphs (1), (2), and
(3)and inserting shall state in a clear and conspicuous manner ; and by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. . Section 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: In the case of any qualified internet or digital communication which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— state the name of the person who paid for the communication; and provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. A statement in qualified internet or digital communication shall be considered to be made in a clear and conspicuous manner as provided in subsection
(a)if the communication meets the following requirements: In the case of a text or graphic communication, the statement— appears in letters at least as large as the majority of the text in the communication; and meets the requirements of paragraphs
(2)and
(3)of subsection (c). In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. In the case of a video communication which also includes audio, the statement— is included at either the beginning or the end of the communication; and is made both in— a written format that meets the requirements of subparagraph
(A)and appears for at least 4 seconds; and an audible format that meets the requirements of subparagraph (B). In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C). In this section, the term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform. For purposes of this paragraph, the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— sells qualified political advertisements; and has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. For purposes of this paragraph, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— is made by or on behalf of a candidate; or communicates a message relating to any political matter of national importance, including— a candidate; any election to Federal office; or a national legislative issue of public importance. . The exceptions provided in section 110.11(f)(1)(i) and
(ii)of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 318(e)(3) of the Federal Election Campaign Act of 1971, as added by paragraph (1)). Section 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended— in paragraph (1)(A)— by striking which is transmitted through radio and inserting which is in an audio format ; and by striking in the heading and inserting By radio ; Audio format in paragraph (1)(B)— by striking which is transmitted through television and inserting which is in video format ; and by striking in the heading and inserting By television ; and Video format in paragraph (2)— by striking transmitted through radio or television and inserting made in audio or video format ; and by striking through television in the second sentence and inserting in video format .
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