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FACT BRIEF

Are broadcast stations required to pull false or misleading political ads?

By Jordan Gerard
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NO

While "truth in advertising" laws empower the government to fine or sue ad makers and pull commercial ads deemed false or misleading, political ads, being considered a form of free speech, are exempt.

U.S. courts have interpreted the First Amendment to mean "lies are protected in public discourse," said Claudia Haupt, an associate professor of law and political science at Northeastern University. The Federal Election Commission does require that television and radio ads include disclosure about who produced them.

Broadcast networks are required to sell ad time to all candidates for federal office and cannot alter ads' content even if they believe it to be untrue, according to David Oxenford, a partner at the D.C.-based law firm Wilkinson, Barker, and Knauer who specializes in broadcast media. Oxenford noted that while this requirement to run ads untouched applies to those produced by candidates themselves, networks are able to object to third-party ads.

Candidates can sue ad makers for defamation, although Oxenford said it's rare.

This fact brief is responsive to conversations such as this one.
Sources
WGBH Why Don't Truth In Advertising Laws Apply To Political Ads?
Federal Communications Commission Statutes and Rules for Candidates
U.S. Government Publishing Office US Code on Censorship
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Arizona Center for Investigative Reporting
The Arizona Center for Investigative Reporting is the state’s only independent, nonpartisan and collaborative nonprofit newsroom dedicated to statewide, data-driven investigative reporting. AZCIR's mission is to hold powerful people and institutions accountable by exposing injustice and systemic inequities through investigative journalism.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.