Alabama Advisory Opinions April 13, 2006: AGO 2006-085 (April 13, 2006)

AGO 2006-085.

Dear Ms. Worley:

This opinion of the Attorney General is issued in response to your request.

Are political telephone banks considered "electronic media" under section 17-22A-12 of the Code of Alabama; and, if such is the case, must operators of such telephone banks offer the disclaimer described in said statute?

Section 17-22A-12, which is part of the Fair Campaign Practices Act, requires paid political advertisements to contain certain disclaimers. This section provides as follows:

Any paid political advertisement appearing in any print media or broadcast on any electronic media shall be clearly identified or marked as a paid advertisement. It shall be unlawful for any person, candidate, principal campaign committee or other political committee to broadcast, publish or circulate any campaign literature or political advertisement, without a notice appearing on the face or front page of any printed matter, or broadcast at the beginning or end of a radio or television spot , stating that the communication was a paid advertisement and giving the identification of the person, principal campaign committee or other political committee that paid for or otherwise authorized such communication.

Ala. Code § 17-22A-12 (1995) (emphasis added).

The answer to your question depends on whether a call from a telephone bank is considered an "advertisement" that is "broadcast on any electronic media." These terms are not defined in the Fair Campaign Practices Act. See Ala. Code § 17-22A-1 to § 17-22A-23 (1995).

Under the established rules of statutory construction, words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used, a court is bound to interpret that language to mean exactly what it says. Ex parte Cove Properties, Inc. , 796 So. 2d 331, 334 (Ala. 2000); Ex parte T.B. , 698 So. 2d 127, 130 (Ala. 1997); State Dep't of Transp. v. McLelland , 639 So. 2d 1370, 1371 (Ala. 1994). The fundamental rule of construction is to ascertain and give effect to the intent of the Legislature in enacting the statute. Ex parte Ala. Dep't of Mental Health and Mental Retardation , 840 So. 2d 863, 867 (Ala. 2002); Gholston v. State , 620 So. 2d 719, 721 (Ala. 1993). "The court looks for the legislative intent in the language of the act; that language may be explained; it cannot be detracted from or added to." Ala. Indus. Bank v. State ex rel. Avinger , 286 Ala. 59, 237 So. 2d 108, 110 (1970); May v. Head , 210 Ala. 112, 113, 96 So. 869, 870 (Ala. 1923).

Webster's Third New International Dictionary defines "broadcast" as "to send out from a transmitting station (a radio or television program) for an unlimited number of receivers."

Webster's Third New International Dictionary 280 (2002). Also, Webster's defines "advertisement" as "a paid notice or announcement published in some public print (as a newspaper, periodical, poster, or handbill) or broadcast over radio or television ." Id. at 31 (emphasis added). In addition, Webster's defines "medium" as "a vehicle (as a radio or television program or newspaper) used to carry advertising." Id. at 1403. Political telephone banks are not covered by these definitions. Thus, by using the specific language that it did, the Legislature intended for the requirements of this section related to broadcasts on electronic media to apply to television and radio broadcasts, not political telephone banks.

Moreover, the remainder of the text of section 17-22A-12 provides further guidance as to what the Legislature intended when it used the phrase "broadcast on any electronic media."

Ala. Code § 17-22A-12 (1995). Specifically, the second sentence explains how the notice required by this section is to be placed into or onto the advertisement. For print media, the notice is to be placed "on the face or front page of any printed matter." Id. For a political advertisement that is broadcast, the notice is to be "broadcast at the beginning or end of a radio or television spot." Here, the Legislature limited disclaimers on broadcasts to television and radio broadcasts. If the Legislature had intended for section 17-22A-12 to apply to political telephone banks, it would have explained where the telephone bank disclaimer would be placed, as it did for print media, television broadcasts, and radio broadcasts.

Accordingly, it is the opinion of this Office that a political telephone bank is not considered "electronic media" for purposes of section 17-22A-12. As a result, operators of political telephone banks are not required to provide the disclaimer described in that section.

A political telephone bank is not considered "electronic media" for purposes of section 17-22A-12 of the Code of Alabama. As a result, operators of political telephone banks are not required to provide the disclaimer described in that section.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Rushing Payne of my staff.

Sincerely,

TROY KING

Attorney General

By: BRENDA F. SMITH

Chief, Opinions Division

TK/WRP

111332/86464