Md. Code Regs. 33.13.21.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 33.13.21.04 - Online Platform Responsibilities

A. Notice. An online platform shall provide a mechanism for a political advertiser purchaser to provide notice to the online platform that it is placing a qualifying paid digital communication for dissemination.

B. Database Requirements. If the online platform is the initial point of the purchase for the dissemination of a qualifying paid digital communication, the online platform shall make available for public inspection on a website owned or controlled by the online platform in a machine readable database within 48 hours after receiving the notice described in §A of this regulation the following information:

(1) The date of the notice to disseminate the qualifying paid digital communication;

(2) The name of the political advertiser purchaser and, if the political advertiser purchaser is an agent, the political committee or person responsible for the placement of the qualifying paid digital communication;

(3) A telephone number, contact mailing address, and email address of the political advertiser purchaser and the political committee or person responsible for the placement of the qualifying paid digital communication; and

(4) The total amount paid by the political advertiser purchaser for the distribution or dissemination of the campaign material.

C. Online Platforms - Not Insertion Order Point. If the online platform is not the initial point of purchase for the dissemination of a qualifying paid digital communication and receives the qualifying paid digital communication from an ad network, the online platform shall make available for public inspection on a website owned or controlled by the online platform in a machine readable database within 48 hours after receiving compensation for the placement of the qualifying paid digital communication the following information:

(1) The date the qualifying paid digital communication was disseminated on its platform; and

(2) A link to the database on the website owned or controlled by the online platform that is the initial point of purchase for the dissemination of the qualifying paid digital communication containing the information set forth in §B of this regulation.

D. Online Platform - Other Requirements. An online platform in §C of this regulation may provide only the link to the database on the website owned or controlled by the online platform that is the initial point of purchase for the dissemination of the qualifying paid digital communication on its website if:

(1) The qualified paid digital communication identifies the website of the database of the online platform that is the initial point of purchase in the authority line of the qualified paid digital communication; and

(2) The online platform clearly discloses that the source of the qualified paid digital communication came from an ad network.

E. Database Labeling. The database on the website shall be identified as "Political Advertisement Disclosures" on the website and be downloadable.

F. Safe Harbor. An online platform may rely on the information provided by the political advertiser purchaser and may not be held liable for failure to include a qualifying paid digital communication on its database if the political advertiser purchaser did not provide notice that the political advertiser purchaser intended to disseminate a qualifying paid digital communication.

Md. Code Regs. 33.13.21.04

Regulation .04 adopted effective 46:17 Md. R. 727, eff. 8/26/2019; amended effective 50:25 Md. R. 1090, eff. 12/25/2023