Application of disclaimer statements to online communications

(a) Clear and conspicuous manner requirement Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended— (1) by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner; and (2) by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.. (b) Special rules for qualified Internet or digital communications (1) In general Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection: (e) Special rules for qualified internet or digital communications (1) Special rules with respect to statements In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— (A) state the name of the person who paid for the communication; and (B) provide a means for the recipient of the communication to 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 statement in a qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: (A) Text or graphic communications In the case of a text or graphic communication, the statement— (i) appears in letters at least as large as the majority of the text in the communication; and (ii) meets the requirements of paragraphs (2) and (3) of subsection (c). (B) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (C) Video communications In the case of a video communication which also includes audio, the statement— (i) is included at either the beginning or the end of the communication; and (ii) is made both in— (I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (II) an audible format that meets the requirements of subparagraph (B). (D) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).. (2) Nonapplication of certain exceptions The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of additional requirements for certain communications Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format; and (B) by striking By radio in the heading and inserting Audio format; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format; and (B) by striking By television in the heading and inserting Video format; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format; and (B) by striking through television in the second sentence and inserting in video format. (d) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.