New FEC rules protect online political commentary

By Robert Niles: The Federal Election Commission has voted to adopt new rules regarding public communication over the Internet, which free online journalists and other writers from the threat of having to account their words of support for a candidate as a campaign contribution.

That sceanrio had been feared by some after a U.S. District Court had thrown out a blanket exemption for all Internet communication from recent campaign finance disclosure laws.

Today's action means that paid Internet ads will have to be counted as campaign expenditures. But websites are free to accept ads, and to comment on candidates, without having to register with or report to the FEC.

From the new rules [PDF document]:

The Federal Election Commission is amending its rules to include paid advertisements on the Internet in the definition of “public communication.” These final rules implement the recent decision 12 of the U.S. District Court for the District of Columbia in Shays v. Federal Election Commission, which held that the previous definition of “public communication” impermissibly excluded all Internet communications. The revised definition of “public communication” includes paid Internet advertising placed on another person’s website, but does not encompass any other form of Internet communication. The Commission is also repromulgating without change its definition of “generic campaign activity” and amending the scope of its disclaimer regulations, both of which incorporate the revised definition of “public communication.” Additionally, the Commission is adding new exceptions to the definitions of “contribution” and “expenditure” to exclude Internet activities and communications that qualify as individual activity or that qualify for the “media exemption.” These final rules are intended to ensure that politcal committees properly finance and disclose Internet communications, without impeding individual citizens from using the Internet to speak freely regarding candidates and elections.

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