Most political advertisements must include some form of a disclaimer explaining who paid for the ad and whether it was approved by a candidate. Internet advertising can present difficulties for including disclaimers if there are physical size limitations (e.g., banner ads) or text limitations (e.g., text messages or Twitter messages). The FEC has grappled with how to include disclaimers in several advisory opinion requests and has now decided to deal with the issue in a rulemaking proceeding. Comments will be due 30 days after the notice of proposed rulemaking is published in the Federal Register.

Existing Internet Disclaimer Requirements

Currently, the following internet communications require disclosures (11 C.F.R. 110.11(a)):

1. All websites of political committees;

2. All electronic mail of more than 500 substantially similar messages;

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