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Political ad disclaimer law
March 4, 2010
Publishers,

Recently, our Legal Hotline has fielded several calls regarding Tennessee's "political disclaimer law," which requires disclosure of who paid for any political advertisement. In this election year, many newspapers will be accepting political ads from the gubernatorial race on down. It's something we all need to watch, and communicate with ad staffs as to the importance of checking ads for a "paid for" disclaimer.

Tennessee Code 2-19-120 requires a clear and conspicuous disclaimer on any political ad. The statute carries a criminal provision (misdemeanor punishable by a $50 file or six months or both), which is normally targeted at a candidate, campaign, or PAC. In speaking with our attorney Rick Hollow, however, he cautioned that this could potentially apply to a newspaper publishing the ad.

"Since the section has no limiting provisions it could be interpreted as applying to anyone in the chain of publication," Hollow said.

This could especially be true, heaven forbid, if a newspaper ever omitted the disclaimer line from the ad. It's definitely advisable to counsel your staff to double check that each political ad includes an appropriate disclaimer. I have included the text of TCA 2-19-120 below for your reference. If you have specific questions about the law, please remember that each TPA member newspaper has access to the TPA Legal Hotline.
Greg Sherrill, TPA Executive Director

Tennessee Code Annotated: 2-19-120. Political communications, advertising and solicitations — Contents — Applicability — Penalties. —

(a) Whenever any person makes an expenditure for the purpose of financing a communication that expressly advocates the election or defeat of a clearly identified candidate, as defined by § 2-10-102, or that solicits any contribution, through any broadcasting station, newspaper, magazine, outdoor advertising facility, poster, yard sign, direct mailing or any other form of general public political advertising, a disclaimer meeting the requirements of subdivision (a)(1), (2), (3) or (4) shall appear and be presented in a clear and conspicuous manner to give the reader, observer or listener adequate notice of the identity of persons who paid for and, where required, who authorized the communication. Such person is not required to place the disclaimer on the front face or page of any such material, as long as a disclaimer appears within the communication, except on communications, such as billboards, that contain only a front face.

(1) Such communication, including any solicitation, if paid for and authorized by a candidate, an authorized committee of a candidate, or its agent shall clearly state that the communication has been paid for by the authorized political committee, in addition to the identity of the person who is the head of such committee, or the identity of the treasurer of such committee.

(2) Such communication, including any solicitation, if authorized by a candidate, an authorized committee of a candidate or an agent thereof, but paid for by any other person, shall clearly state that the communication is paid for by such other person and is authorized by such candidate, authorized committee or agent.

(3) Such communication, including any solicitation, if made on behalf of or in opposition to a candidate, but paid for by any other person and not authorized by a candidate, authorized committee of a candidate or its agent, shall clearly state that the communication has been paid for by such person and is not authorized by any candidate or candidate's committee.

(4) (A) For solicitations directed to the general public on behalf of a political committee which is not an authorized committee of a candidate, such solicitation shall clearly state the full name of the person who paid for the communication.

(B) For purposes of this section, whenever a separate segregated fund solicits contributions to the fund from those persons it may solicit, such communication shall not be considered a form of general public advertising. Such advertisements shall also include the name of the printer of such advertisement, and the identity of the person who paid for the advertisement.

(b) (1) [Deleted by 2004 amendment.]

(2) [Deleted by 2004 amendment.]

(3) The requirements of this section do not apply to bumper stickers, pins, buttons, pens, novelties, and similar small items upon which the disclaimer cannot be conveniently printed.

[Acts 1972, ch. 740, § 1; T.C.A., § 2-1920; Acts 1987, ch. 395, § 1; 1989, ch. 591, § 113; 1990, ch. 812, §§ 1-3; 1991, ch. 436, § 1; 1992, ch. 666, §§ 1, 2; 2004, ch. 480, §§ 11, 12.]

TPS provides sample letters for reaching political ad dollars
By Greg Sherrill, TPA Executive Director/TPS Executive Vice President

This is an important mid-term political year, as well as being a gubernatorial showdown in our own state.

Unfortunately, the past several election cycles have seen significant declines in political advertising in newspapers. Many speculate that it's because candidates know that newspapers will likely run campaign and platform information as news (for FREE.) Newspapers have the unique ability to deliver in-depth information that broadcast and outdoor cannot. And when it comes to reaching rural and non-metro counties, newspapers have the edge!

I know many of you will be visiting or hosting candidates at your papers in the upcoming weeks. At the request of the TPS Board of Directors, our sales agents have drafted some letters that you may use for contacting candidates and/or their campaigns in your local races. Link to four letters These letters explain the benefits of using print advertising in their campaign's media mix, and could be a good way to get your foot in the door or at least start a dialogue about the effectiveness of newspaper advertising.

TPS is reaching out to Tennessee's gubernatorial candidates in hopes of securing more print advertising for you, our stockholder newspapers. Please keep TPS in mind as a resource for any candidate and/or campaign that may wish to advertise in many newspapers across our state.

Thanks for your help in representing the newspaper industry of Tennessee. Happy selling!
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Do you want campaign ads in your paper?
By Art Powers, TPA vice president for dailies
Publisher, Johnson City Press

Like most newspapers across the state, candidates for next year’s gubernatorial race have been dropping by the Johnson City Press to discuss issues in an attempt to set themselves apart from their opponents. In doing so they know we will write a story about their visit and report their responses to the questions fielded by our editorial board. We always do that as it is news for our readers. Candid photos always accompany the story. Of course, in subsequent months they will return one-by-one for more coverage as well as asking for our editorial endorsement since we are the only medium that does that anymore. continuation

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Ads focus on the power of newspaper media
NAA presents a series of free, downloadable print and digital ads focusing on the power of newspaper media and the value newspapers offer to advertisers. Link to NAA's free ads

November's ad:

Surprise your advertisers with the truth. Give them the facts. When it comes to what is “in” online, it is newspaper Web sites. The latest ad in NAA’s series of ads about the value of newspaper media to advertisers focuses on the facts about newspaper Web sites including:

* 74 million unique visitors went to newspaper Web sites in September of 2009
* Newspaper Web sites garner a 38% share of online visitors
* Newspaper Web sites are the number 1 local site in 22 of the top 25 markets
* Newspaper share of local online advertising exceeds all other local Web sites

Newspaper Web sites are trusted, informative and popular. We need to make certain that advertisers know.

Additional ads promoting newspapers can be found at www.newspaperproject.org.

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Americans rely on newspaper advertising as essential shopping tool
Newspaper Association of America

When Consumers Read Newspaper Ads, They Take Action
Arlington , Va. – Newspaper advertising remains the leading advertising medium cited by consumers in planning, shopping and making purchasing decisions, according to early data from a MORI Research survey of more than 3,000 adults. The findings, announced today by the Newspaper Association of America, provide conclusive evidence of the ongoing value newspaper ads deliver for marketers trying to reach consumers who are ready to shop and spend. full release

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First Amendment ads available
Former TPA President Tom Griscom has made house ads promoting the First Amendment available to TPA member newspapers. Click here to access the files.

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TPA is a primary media sponsor of the Governor's Books from Birth Foundation Imagination Library project.