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      FEC Record: Advisory opinions
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      AO 2017-12: Nonprofit must include disclaimers on its Facebook ads

FEC Record: Advisory opinionsAO 2017-12: Nonprofit must include disclaimers on its Facebook adsDecember 18, 2017 Take Back Action Fund (TBAF), a tax-exempt 501(c)(4) organization, must include disclaimers on its paid Facebook image and video advertising. While the Commission unanimously agreed to that conclusion,
    Commissioners relied upon different rationales to reach it. Background TBAF plans to purchase advertising on Facebook that will expressly advocate the election or defeat of clearly identified federal candidates.
    The organization asked whether its Facebook image and video advertising must include all, some, or none of the disclaimer information specified by 52 U.S.C. § 30120(a). Analysis The Commission concluded that, under the circumstances described in the request, TBAF must include all of the disclaimer information specified by 52 U.S.C. § 30120(a) on its proposed paid Facebook image and video advertising. In reaching this conclusion,
    Commissioners relied on different rationales, some of which are reflected in Agenda Doc. No. 17-59-A-1 (garnering a vote of 2-3)
    and Agenda Doc. No. 17-59-B (garnering a vote of 3-2), although neither of those agenda documents constitutes a Commission
    advisory opinion. Additionally, Vice Chair Hunter and Commissioners Goodman and Petersen issued a concurring opinion that further explains the basis for their decision. Date issued: December 15, 2017; Length: 2 pages Citations: Statute: 52 U.S.C. § 30120(a)Identification of funding and authorizing sources Regulations: 11 CFR 110.11Communications; advertising; disclaimers Resources:  AO 2017-12
    Commission discussion of AO 2017-12
    Advertising and disclaimers


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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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