A. This section applies to an electronic media advertisement if either of the following is true:
1. The advertisement is paid for by a committee other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate.
2. The advertisement is paid for by a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, and is either of the following:
i. Paid for by an independent expenditure.
ii. An advertisement supporting or opposing a ballot measure.
B. An electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to link to an internet website paid for by a committee shall comply with both of the following:
1. Include the text "Who funded this ad?" "Paid for by," or "Ad paid for by" in a contrasting color and a font size that is easily readable by the average viewer for the duration of the advertisement.
C. Notwithstanding subsection (B), the text required by subsection (B)(1) is not required if including the language in an 8-point font would take up more than one-third of the graphic or image. In those circumstances, the advertisement need only include a hyperlink to an internet website containing the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098.
D. Notwithstanding subsections (B) and (C), an email message or internet website paid for by a committee shall include the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098 printed clearly and legibly in a contrasting color and in no less than 8-point font at the top or bottom of the email message, or at the top or bottom of every publicly accessible page of the internet website, as applicable.
E. An internet website that is linked as provided for in subsection (B)(2) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.
F. An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclosures in subsection (B) shall comply with the disclosure requirements for radio advertisements in Section 2.90.089.
G. An electronic media advertisement that is disseminated as a video shall comply with the disclosure requirements of Sections 2.90.090 and 2.90.094, depending on the type of committee that paid for it. If the video is longer than 30 seconds, the disclosures required by Sections 2.90.090 and 2.90.094 shall be made at the beginning of the advertisement.
H. Electronic Media Advertisements; Social Media
1. An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 2.90.087, 2.90.088, and 2.90.098 in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo of the committee's profile, landing page, or similar location and shall not be required to include the disclosure required by subsection (B) on each individual post, comment, or other similar communication. The disclosures specified in this subsection shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media, including, but not limited to, a computer screen, laptop, tablet, or smart phone.
2. Notwithstanding subsection (H)(1), if making the disclosures specified in subsection (H) fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location need only include a hyperlink, icon, button, or tab to an internet website containing the disclosures specified in subsection (H)(1).
i. The disclosures required by this section do not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff lime unless the social media account where the content is posted was created only for the purpose of advertisements governed by this Chapter.
(Ord. 2020-06-1513 §9)