Iowa Ethics and Campaign Disclosure Board Executive Director Megan Tooker has determined that state law requiring “paid for by” attribution lines for political advertising also applies to videos posted on free websites such as YouTube. David Chung, a member of the Republican Party of Iowa’s State Central Committee, had filed an ethics complaint against Brad Anderson, the Democratic candidate for secretary of state. (Chung is from Cedar Rapids, as is Anderson’s GOP opponent Paul Pate.) Anderson’s television commercial contains the standard attribution line, but some of his web videos did not. After the jump I’ve posted the relevant portion of Iowa Code.
Tooker informed Anderson that in her opinion, campaign videos available online should also include a “paid for” statement. Anderson’s campaign immediately altered the videos to comply. Jason Noble reported for the Des Moines Register, “So long as Anderson republishes the videos with appropriate attribution statements or publishes a corrective notice in the newspaper, he will not face a fine or penalty.”
Responding to my request for comment, the Anderson campaign noted, “Although state law is ambiguous related to requiring disclaimers on free YouTube videos, in the abundance of caution we have added disclaimers to all of our YouTube videos and will continue to moving forward.”
In a press release yesterday, Iowa GOP Co-Chairman Cody Hoefert thundered, “we now learn that Brad Anderson either ignored Iowa’s election laws or does not believe they apply to him. Either way, this only goes to underscore the fact that he is not someone Iowans can trust to uphold the integrity of their elections.” News flash for Hoefert: the Anderson campaign was able to point to many web videos that lacked “paid for” statements while promoting the Iowa GOP and/or Republican candidates and office-holders. For instance, Governor Terry Branstad’s campaign produced a video featuring Lieutenant Governor Kim Reynolds in order to drum up 2014 Iowa caucus attendance. In that video, she urged supporters to help elect Republicans up and down the ticket in 2014. Secretary of Agriculture Bill Northey has also promoted his candidacy through web videos without attribution statements. The Iowa GOP itself produced a video promoting State Auditor Mary Mosiman without any attribution statement.
Obviously, Chung and the Iowa GOP were only playing out a stunt to gain an edge for Pate in what looks like a close contest for secretary of state. Nevertheless, it’s useful for Tooker to clarify that this portion of state law applies to web videos as well as to television commercials.Continue Reading...