Virginia Code 24.2-957: General provisions; applicability to advertisements in video format.
A. Television outlets and online platforms shall not be liable under this article for carriage of political advertisements that fail to include the disclosure requirements provided for in this article. This provision supersedes any contrary provisions of the Code of Virginia.
Terms Used In Virginia Code 24.2-957
- Advertisement: means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9. See Virginia Code 24.2-955.1
- Conspicuous: means so written, displayed, or communicated that a reasonable person ought to have noticed it. See Virginia Code 24.2-955.1
- Online platform: means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements. See Virginia Code 24.2-955.1
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Print media: means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. See Virginia Code 24.2-955.1
- Sponsor: means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement. See Virginia Code 24.2-955.1
- Television: means any television broadcast station, cable television system, wireless-cable multipoint distribution system, satellite company, or telephone company transmitting video programming that is subject to the provisions of 47 U. See Virginia Code 24.2-955.1
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
B. If the sponsor does not have the option of controlling the audio, if any, heard during the television advertisement, the disclosure requirements shall be the same as for print media.
C. The person accepting an advertisement for a television outlet shall require, and for one year shall retain a copy of, proof of identity of the person who submits the advertisement for broadcast. Proof of identity shall be submitted either (i) in person and include a valid Virginia driver’s license, or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or the United States, or (ii) other than in person, in which case, the person submitting the advertisement shall provide a telephone number and the person accepting the advertisement may phone the person to verify the validity of the person’s identifying information before broadcasting the advertisement.
D. Any disclosure statement required by this article shall be displayed in a conspicuous manner.
E. An advertisement that is in video format and is placed or promoted for a fee on an online platform shall be subject to the same disclosure requirements to which television advertisements are subject pursuant to this article.
2002, c. 487, § 24.2-944; 2004, cc. 55, 457; 2005, c. 369; 2006, cc. 787, 892; 2020, c. 551.