Campaign Legal Center, Sunlight Foundation File Political Ad Complaints Against TV Stations

The organizations identified the violations when they checked the online files, “which exposed widespread noncompliance with the disclosure requirements,” they said in a news release (http://bit.ly/1kycwka). Many stations failed to identify the candidate to which the ad refers, the issue of national importance to which the ad refers and other information, they said.

The alleged violations underscore the need for the FCC to enforce the law, said Kathy Kiely, Sunlight Foundation managing editor. “There are a lot of TV stations and advertisers who do comply with the federal law.” But “there are enough of them who aren’t and who are flouting it in ways that we felt were egregious,” she said. It’s important for the FCC to take a stand and reiterate what is the law and insist that advertisers and TV stations that accept their money comply with the law, she said. Sunlight Foundation has been checking the files since 2012, Kiely said. “We're just noticing that ... there are some major stations with lots of resources and major advertisers that seem to be just ignoring it and that is not a trend that we want to see spread."

The responsibility to comply with the rule is on the broadcasters, said Meredith McGehee, CLC policy director. “When they sell time, the statutory obligation is on them to get this information from the advertiser.” In the past, the players in the political ad space were fairly well-known and, for that reason, “the FCC didn’t bother to check a lot of these files,” she said. The landscape has changed in part due to the rise in advertising by super PACs and “dark money” groups, or political nonprofit groups, she said. Such groups “advertise even more than the candidates and the parties, often with very unfamiliar names,” she said.

Some of the dark money groups organize under names that make it difficult to understand their make-up or cause, said Kiely. In many cases, the files are the only way for the public to identify the groups, which have increased in number over the years, she said. There are many groups in political ads that aren’t organized as traditional campaign committees or political action committees, she said. They're incorporated as nonprofits and they don’t have to file with the Federal Election Commission, she said: “The one place they do have to provide somewhat of a paper trail is at these TV stations.” Unless voters know who is behind the message, “they really don’t know how to interpret that message,” she said.

KNXV-TV (ABC) Phoenix, WFLA-TV (NBC) Tampa, Fla., WMUR-TV (ABC) Manchester, N.H., and WWJ-TV (CBS) Detroit are some of the stations identified in the complaint. One complaint against WFLA targets an ad sponsored by the National Republican Congressional Committee. WFLA, which is owned by Media General, “failed to disclose the candidates and the issue addressed by the ad,” the complaint said. The station also failed to disclose a list of NRCC’s board or chief executive officers, it said. Media General will review the complaint “and respond as appropriate,” a spokeswoman said. Scripps will address “any perceived deficiencies according to FCC regulations, if asked,” a Scripps spokeswoman said. Scripps received complaints against KNXV and KMGH (ABC) Denver. “We think we've followed the proper procedures to disclose the source of the online advertising.” Gannett had no comment. A Media Bureau spokeswoman referred us to the FCC website on statuses and rules on candidate appearances and advertising (http://bit.ly/1fxTEmO).

McGehee said the complaints “may lift the curtain on why” NAB “has fought so hard against putting the political files online.” In many cases, the stations and their advertisers didn’t comply with “the simplest and most basic disclosure requirements,” she said. NAB said it takes the political file rules seriously. NAB “will continue working with broadcasters to ensure compliance,” a spokesman said in a news release (http://bit.ly/R4fOSg). The association also plans to educate political ad agencies “to enlist support for more accurate information on the disclosure requirements for political ads,” he said. A CBS spokesman said the company stands with NAB.

Enforcement of the rule is imperative because the obligation to publicly disclose the information will be expanded to smaller stations July 1, Kiely and McGehee said. It’s really important to call attention to the fact “that some people are flouting this law and being allowed to get away with it,” Kiely said. If the violations continue, “it opens the door for more people to do so,” she said. In some ways, compliance with the rule will be more important in the smaller markets, said McGehee. “Political advertising plays an even bigger role in the smaller markets because $1,000 in a state like Montana buys a lot more ads than $1,000 would in New York."

When the rules become effective for the rest of the stations, “we want to put them on notice that people will be watching,” said public interest lawyer Andrew Schwartzman of the Institute for Public Representation of Georgetown University Law Center, which represents Sunlight Foundation and CLC. “If network affiliates in the biggest markets are doing such a rotten job in complying with these requirements, we're concerned that other stations will feel that they can follow that lead.” The FCC said it was going to rely on complaints for enforcement, Schwartzman said: “We've given them complaints and I fully expect them to act and act promptly.”