Rhode Island Regulations § 410-RICR-10-00-6.5 Disclaimer Requirement for Independent Expenditures
Regulation Text
A.
For any communication made for the purpose of expressly advocating the support or defeat of a candidate, by any person which is an independent expenditure and has not been authorized, or financed by a candidate, political party, candidate committee, or political action committee, a disclaimer statement identifying the person paying for the communication shall include a disclaimer statement, which must:
1.
State that the communication is not authorized by any candidate or the candidate's committee; and
2.
Identify the name and street address, telephone number and web address, if any, of the persons or legal entity who financed said communication.
B.
An example of a disclaimer notice for a printed independent expenditure by a corporation would be as follows:
1.
Paid for by Acme Corporation and not authorized by any candidate or candidate's committee. Contact us at: Acme Corporation, 111 Adams Street, Warwick, Rhode Island.
C.
All disclaimers required by this section must be presented in a clear and conspicuous manner in order to give the reader, observer, or listener adequate notice of the identity of the person that paid for, and where required, authorized the communication. A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if the placement is easily overlooked.
D.
With respect to printed communications covered by this section, the disclaimer must also be of sufficient type size to be clearly readable by the recipient of the communication. If the communication is on printed material that measures no more than 24 inches by 36 inches, the disclaimer must be in 12-point type size. The disclaimer must be contained in a printed box set-apart from the other contents of the communication.
E.
The disclaimer must also be printed with a reasonable degree of color contrast between the background and the printed statement. The disclaimer satisfies the color contrast requirement if it is printed in black text on a white background or if the degree of color contrast between the background and the text of the disclaimer is no less than the color contrast between the background and the largest text used in the communication.
F.
Where the communication is made by radio, television or through any broadcast, cable, or satellite transmission, said communication must include the following audio statement: "xxx is responsible for the content of this advertisement," which must be spoken clearly, with the blank to be filled in with the name of the person paying for the communication and the name of the connected organization, if any, of the payer.
G.
Additionally, any communication transmitted visually through television or through any other broadcast, cable or satellite transmission, must also include a similar written statement that must appear in clearly readable writing at the end of the visual communication. In order to be deemed clearly readable, the statement must include the following:
1.
The statement must appear in letters equal to or greater than 4% of the vertical picture height;
2.
The statement must be visible for a period of no less than 4 seconds; and
3.
The statement must appear with a reasonable degree of color contrast between the background and the disclaimer statement. The color contrast requirement is satisfied if the statement is printed in black text on a white background or if the degree of color contrast between the background and the text of the disclaimer is no less than the color contrast between the background and the largest type size used in the communication.
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