A Democratic U.S. House Member from Maine has introduced legislation that would require broadcasting stations, providers of cable and satellite televisions, and online platforms to make “reasonable efforts” to ensure that political advertisements are not purchased by a foreign national.
Rep. Jared Golden seeks to amend the Federal Election Campaign Act of 1971 through H.R. 6696, the “Block Foreign-Funded Political Ads Act.”
What would determine what such “reasonable efforts” are for radio and TV stations?
“[A] station, provider, or online platform shall not be considered to have made reasonable efforts under this paragraph in the case of the availability of a communication unless the station, provider, or online platform directly inquires from the individual or entity making such purchase whether the purchase is to be made by a foreign national, directly or indirectly,” the proposed legislation reads.
At present, a radio or TV station cannot be sued for libel if a political advertisement placed by a candidate contains falsehoods or such statements that can be called into question. Other types of ads, including those placed by Political Action Committees (PACs), do not fall under this standard, leaving broadcasters’ vulnerable to a host of potential legal concerns.
Now, foreign-funded political ads are a concern, too. The Golden-introduced Act would specifically examine credit card information, to ensure that it is made by a U.S. citizen living outside of the U.S. should the transaction not be made by a U.S.-issued credit card.
Qualifying media under this Act include digital publications that sell qualified political ads and have 50 million or more unique monthly U.S. visitors or users for a majority of months during the proceeding 12 months. This opens up enforcement concerns, as Congress would need to obtain this information to determine which media falls under the Act. There’s also the matter of monitoring every media organization in the U.S. across linear and digital platforms.
H.R. 6696 was introduced in the House one week ago, but received little to no attention ahead of the New Hampshire Primary on January 30. It has one co-sponsor: Brian Kilpatrick (R-Pa.), making the “Block Foreign-Funded Political Ads Act” bipartisan.
That said, it could wither in the Committee on House Administration, where it has been assigned.
“Our nation’s foreign adversaries cannot be permitted to influence our elections, especially by funding political advertisements related to any candidate, issue, ballot initiative, or referendum,” Fitzpatrick said. “Our bipartisan Block Foreign-Funded Political Ads Act will prevent undue foreign influence by prohibiting foreign nationals from purchasing political ads from television broadcasters, cable providers, and digital platforms. I am proud to lead this effort with Rep. Golden and grateful for his continued partnership on legislation to ensure that American elections are decided freely and fairly by the American people.”
This proposed legislation “builds on similar efforts” in Congress such as the Stop Foreign Funds in Elections Act. That bill, which would prohibit campaign donations by foreign nationals for state and local ballot initiatives or referenda, was passed by the House Committee on Administration unanimously in November 2023.
