BBB National Programs’ Digital Advertising Accountability Program (DAAP) has announced the issuance of a new Compliance Guidance: How to Ensure Transparency in Political Advertising.  As stated in its press release, the purpose of DAAP’s new Guidance is to educate advertisers on the requirements for sponsorship transparency for online and mobile app political advertisements.  The Guidance elaborates on the Digital Advertising Alliance (DAA)’s Application of the Self-Regulatory Principles of Transparency and Accountability to Political Advertising, which require “clear, meaningful, and prominent” notice of who is paying for certain digital political ads.

The Guidance covers “express advocacy,” defined as a paid-for ad urging the election or defeat of a candidate for federal or statewide election. Such ads must clearly indicate that they are political and link to information about who paid for or sponsored the ad. The face of the ad itself must include “enhanced notice,” that is, a clear and prominent notice that it’s a political ad, such as through the use of the DAA’s Purple Political Ad icon or a clear text disclosure like “Political Advertisement”. The ad must also link to a statement (the “political advertisement notice”) providing the name and reliable contact information of the political advertiser, any other disclosures or disclaimers required by state or federal law and the name of the CEO, executive committee or board members of the political advertiser.

The Guidance also reminds political advertisers that they have separate compliance requirements if they are collecting data for interest-based advertising. Although the Political Ad icon will take precedence, advertisers engaging in interest-based advertising will still need to also provide IBA-enhanced text and links in compliance with the DAA’s Self-Regulatory Principles for Online Behavioral Advertising.  The Guidance further reminds political advertisers that they must comply with federal and state laws governing political advertising, including identifying who authorized and/or paid for the ad. 

The Accountability Program will monitor political advertisements for non-compliance with DAA’s Political Advertising Principles, and may report violations to the appropriate government agency.  Will the government agencies take action?  That remains to be seen.