410 R.I. Code R. 410-RICR-10-00-13.7

Current through December 26, 2024

Section 410-RICR-10-00-13.7 - DISCLAIMERS

A. Video advertising. Any independent spender that makes a covered disbursement for video advertising shall include at the end of such advertising:

1. A clearly identifiable video, photographic, or similar image of the independent spender's chief executive officer or principal officer; and

2. An audio statement recorded by the independent spender's chief executive officer or principal officer in the following form: "I am (full name of CEO or principal officer), (title), of (full name of independent spender), and I approved its content."

3. If the independent spender is a tax-exempt organization under § 501(c) of the Internal Revenue Code of 1986 (other than an organization described in § 501(c)(3) of such Code), an exempt nonprofit as defined in R.I. Gen. Laws § 17-25-3, or an organization organized under § 527 of the Internal Revenue Code of 1986, the advertising shall also include a written statement in the following form: "The top five donors to the organization responsible for this advertisement are" followed by a list of the five (5) persons making the largest aggregate donations to the independent spender during the twelve (12) month period before the date of the advertising.

B. Audio advertising. Any independent spender that makes a covered disbursement for audio advertising shall include at the end of such advertising:

1. An audio statement recorded by the independent spender's chief executive officer or principal officer in the following form: "I am (full name of CEO or principal officer), (title), of (full name of independent spender), and I approved its content."

a. An audio statement in the following form: "The top five donors to the organization responsible for this advertisement are" followed by a list of the five (5) persons making the largest aggregate donations to the independent spender during the twelve (12) month period before the date of the advertising; or

b. In the case of audio advertising that is thirty (30) seconds in duration or shorter, an audio statement providing a website address that enables the recipient of the communication to view, with minimal effort and without receiving or viewing any additional material, a statement listing the names of the five (5) persons making the largest aggregate donations to the independent spender during the twelve (12) month period before the date of the advertising. In such case, the independent spender shall establish and maintain a website with such statement for the entire period during which the audio advertising continues to be publicly disseminated.

C. Written, printed, or typed communication. Any independent spender that makes a covered disbursement for a written, printed, or typed communication, including a qualified internet or digital communication which is not video advertising or audio advertising, shall include on the face of the communication:

1. The words "Paid for by" followed by the full name of the independent spender, the full name of the chief executive officer or principal officer of the independent spender, and either the independent spender's street address or the URL for the independent spender's official website.

2. If the independent spender is a tax-exempt organization under § 501(c) of the Internal Revenue Code of 1986 (other than an organization described in § 501(c)(3) of such Code), an exempt nonprofit as defined in R.I. Gen. Laws § 17-25-3, or an organization organized under § 527 of the Internal Revenue Code of 1986, the communication shall also bear on its face a statement in the following form: "The top five donors to the organization responsible for this advertisement are" followed by a list of the five (5) persons making the largest aggregate donations to the independent spender during the twelve (12) month period before the date of the communication.

D. Automated telephone calls. Any independent spender that makes a covered disbursement for automated telephone calls shall include, as part of the narrative of the telephone calls, an audio statement providing:

1. The full name of the independent spender; and

2. The full name of the chief executive officer or principal officer of the independent spender.

3. If the independent spender is a tax-exempt organization under § 501(c) of the Internal Revenue Code of 1986 (other than an organization described in § 501(c)(3) of such Code), an exempt nonprofit as defined in R.I. Gen. Laws § 17-25-3, or an organization organized under § 527 of the Internal Revenue Code of 1986, the narrative of the telephone call shall also include a statement in the following form: "The top five (5) donors to the organization responsible for this telephone call are" followed by a list of the five (5) persons making the largest aggregate donations to the independent spender during the twelve (12) month period before the date of the telephone call.

E. Determination of top five donors. The top five (5) donors to be listed in a communication or advertising pursuant to this section shall include the following persons:

1. If fewer than five (5) persons made donations to the independent spender during the twelve (12) month period before the date of the communication, only those persons making the largest aggregate donations during that twelve (12) month period shall be listed on the communication.

2. If more than five (5) persons made aggregate donations in equal amounts to the independent spender during the twelve (12) month period before the date of the communication, only the last five (5) persons to donate that amount shall be listed on the communication.

3. The top five (5) donors may be listed on the communication in any order and do not have to be listed in ascending or descending order based upon the amount of the person's donation.

F. No person shall be listed as a top donor on any statement required by this section who is not required to be identified on a covered disbursement report pursuant to § 13.5(B)(4) of this Part.

G. For purposes of this section, the "date" of a communication or advertising is the date that the communication or advertising is first publicly disseminated.

H. Clear and conspicuous manner requirement. All disclaimers required by this section shall be presented in a clear and conspicuous manner in order to give the recipient of the communication adequate notice of the identity of the person that paid for, and where required, authorized the communication. For purposes of this subsection, a disclaimer is not presented in a clear and conspicuous manner if it is difficult to read or hear, or if the placement is easily overlooked.

1. Accommodation for technological impossibility. In the case of any qualified internet or digital communication which is disseminated through a medium in which the provision of all of the information specified in this section is not technologically possible, the communication shall, in a clear and conspicuous manner:

a. State the full name of the independent spender who paid for the communication; and

b. Provide a means for the recipient of the communication to immediately obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information.

2. Safe harbor for determining clear and conspicuous manner. A disclaimer required by this section shall be considered to be made in a clear and conspicuous manner, as required by this section, if the communication meets the following requirements:

a. In the case of the statement required by § 13.7(A)(3) of this Part for video advertising, the statement:

(1) Appears in letters at least as large as the majority of the text in the communication, for a period of at least four (4) seconds;

(2) Is contained in a printed box set apart from the other contents of the communication; and

(3) Is presented with a reasonable degree of color contrast between the background and message text.

b. In the case of an audio statement required for video advertising under § 13.7(A)(2) of this Part, audio advertising under § 13.7(B) of this Part, or automated telephone calls under § 13.7(D) of this Part, the statement:

(1) Is spoken in a clearly audible and intelligible manner at the end of the communication; and

(2) Lasts for at least four (4) seconds.

c. In the case of the statements required by § 13.7(C) of this Part for a written, printed, or typed communication, the statements:

(1) Appear in letters at least as large as the majority of the text in the communication;

(2) Are contained in a printed box set apart from the other contents of the communication; and

(3) Are presented with a reasonable degree of color contrast between the background and text of the statements.

I. Communications not covered. The following communications are not subject to the requirements of this section:

1. Any editorial, news story, or commentary published in a newspaper, magazine, or journal on its own behalf and upon its own responsibility and for which it does not charge or receive any compensation;

2. Small-item campaign paraphernalia such as pins, buttons, badges, emblems, hats, bumper stickers, and other similar items;

3. Signs and banners with a surface area of not more than thirty-two (32) square feet;

4. A communication that constitutes or solely promotes a debate or similar forum made by or on behalf of the person sponsoring the debate or forum, if:

a. At least two (2) candidates seeking nomination or election to the same public office were invited to participate in the debate or forum and the structure of the debate or forum does not favor or advance one candidate over another; or

b. A ballot question advocate and at least one opponent, or their respective representatives, were invited to participate in the debate or forum in equal numbers and the structure of the debate or forum does not favor or advance one position over another; or

5. A membership communication.

410 R.I. Code R. 410-RICR-10-00-13.7

Adopted effective 4/3/2024