A. A committee that disseminates an online platform disclosed advertisement shall do all of the following:
1. Upon requesting the dissemination, expressly notify the online platform through which the advertisement would be disseminated, using the online platform's chosen notification method, that the advertisement is an advertisement as defined in Section 2.90.020.
2. Provide the online platform with the disclosure name of the committee.
3. For purposes of this section, "disclosure name" means the text required by Section 2.90.088, followed by a colon, followed by, surrounded in quotation marks, the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code Section 84101 or the name that the filer is required to use on campaign statements pursuant to Government Code Section 84211(o). If no disclosure text is required by Section 2.90.088, "disclosure name" means the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code Section 84101 or the name that the filer is required to use on campaign statements pursuant to Government Code Section 84211(o).
4. If the disclosure name changes due to a change in the top contributors or the name of the committee, the committee shall provide the online platform with an updated disclosure name within five business days.
5. Provide the online platform with the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
6. Provide the online platform with the name and identification number of the committee that paid for the advertisement.
B. An online platform that disseminates a committee's online platform disclosed advertisement shall do one of the following:
1. Display "Paid for by" or "Ad paid for by" followed by the disclosure name provided by the committee, easily readable to the average viewer, located adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored. The online platform may display only one hundred or more characters of the disclosure name if it is followed by a "... " that is clearly clickable and that links to a page as described in subsection (B)(3).
2. The online platform may instead display a hyperlink, icon, button, or tab with the text "Who funded this ad?," "Paid for by," or "Ad paid for by" that is clearly clickable in the same or similar font and in at least the same font size as the online platform's text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored, that links to a page as described in subsection (B)(3).
3. Hyperlinks, icons, buttons, or tabs used for the purposes described in subsections (B)(1) and (B)(2) shall be linked to the profile or landing page of the committee that paid for the advertisement; to another page to which the average viewer would normally navigate to view additional information about a committee containing the disclosure name in a manner that is easily seen and readable by the average viewer; or to an internet website containing the disclosure required by Section 2.90.092(D).
C. An online platform that disseminates committees' online platform disclosed advertisements shall meet all of the following requirements:
1. Maintain, and make available for online public inspection in a machine readable format, a record of any advertisement disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:
i. A digital copy of the advertisement.
ii. The approximate number of views generated from the advertisement and the date and time that the advertisement was first displayed and last displayed.
iii. Information regarding the range charged or the total amount spent on the advertisement.
iv. The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
v. The name and identification number of the committee that paid for the advertisement, if the committee is assigned an identification number.
2. The information required under this subsection shall be made available as soon as practicable and shall be retained by the online platform for no less than four years.
3. "View Ads" Button, Icon, Tab or Hyperlink
i. Display a prominent button, icon, tab, or hyperlink with the text "View Ads" or similar text in one of the following locations: (i) near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page; (ii) on a page that displays the committee's profile information or biographical information; (iii) or on a page on which the average viewer would normally navigate to view additional information about a committee.
ii. The button, icon, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by subsection (C)(1).
D. An online platform that creates a mechanism for a committee requesting dissemination of an online platform disclosed advertisement to expressly notify the online platform whether the advertisement is an advertisement as defined in Section 2.90.020 and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the committee to the online platform to satisfy the online platform's obligations under subsections (B) and (C).
Ord. 2020-06-1513 §12)