Television networks cannot censor or refuse to air political ads from qualified candidates

Broadcasters are not permitted to censor or refuse to broadcast political ads from qualified candidates.

According to Federal Communications Commission (FCC) regulations, “broadcast networks are prohibited from censoring or rejecting political advertisements paid for and sponsored by legally qualified candidates.”

—> Editor's note about the airing of graphic anti-abortion political ads on WDIV

Constitution Party candidate Randall Terry is on the ballot in a dozen states, including Michigan. The anti-abortion activist has run ads containing graphic images of aborted fetuses. His status as a legally qualified candidate means that broadcasters are required to air the ads.

—> “The View” abortion ad signals broader efforts to use an FCC regulation to spread a message

Jack Goodman, a Washington lawyer and former general counsel for the National Association of Broadcasters, spoke to the Associated Press earlier this month. Goodman said whether or not an ad could contain profanity has not been tested in court.

In general, the FCC does not:

• Review or approve the content of political ads before broadcast.

• Ensure the accuracy of statements made by candidates and job advertisers.

• Broadcasters and other regulators are required to represent all sides of controversial issues.

• Monitor the type and amount of coverage individual candidates receive under the news exemption.

The rule applies only to candidates, not to political ads sponsored by third parties who are not candidates. It also does not apply to cable networks or web-based programs such as podcasts.

Political Advertising Laws

Earlier this year on Flashpoint, expert David Oxenford spoke about the laws behind political campaigns and television advertising. This video clip is available below.

The FCC's political programming rules