FEC Set to Reject Facebook Ad Exemption Request

Facebook asked the FEC to exempt ads on its site from the "paid for by" disclosure requirement for political ads. It argued it was impractical to do so. The FEC has asked for a draft opinion rejecting that argument. It can be read here.

In relevant part:

The limitation on the size or the number of characters that Facebook allows to be included in a Facebook ad is not mandated by the physical limitations of the display medium or Internet technology. Neither is the limitation on the size of the ad set by a third party who established the technological medium and its use. Rather, Facebook indicates that it has set the small sizes for its ads because of Facebook's business decision that "larger ads would disrupt the social networking experience for Facebook users." Facebook's business decision in favor of small ads does not justify elimination of the statutory disclaimer requirement given that it remains physically and technologically possible for Facebook to increase both the size of its ads and the number of characters that may be included in its ads.