This is an example of an independent expenditure broadcast on TV that was paid for by a corporation, but not authorized by a candidate or candidate’s committee. The same disclaimer requirements that apply here would also apply to the same communication made by any other person, such as an individual, group, political committee, labor organization, trade association or an incorporated membership organization.
All independent expenditures that are also public communications require a disclaimer. The disclaimer must identify who paid for the communication, provide the payor's permanent street address, telephone number or website address, and state that the communication was not authorized by any candidate or candidate's committee.
All disclaimers must be clear and conspicuous. A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if the placement is easily overlooked.
In addition, independent expenditures that run as ads on radio or television must comply with the “stand by your ad” requirements. A representative of the person who paid for the ad must state that “XXX is responsible for the content of this advertising,” where “XXX” is the name of the person who paid for the communication.
Television communications must also contain a similar, clearly readable written statement that appears at the end of the communication. To be clearly readable, the communication must appear for a period of at least four seconds with a reasonable degree of color contrast between the background and the disclaimer statement and must occupy at least four percent of the vertical picture height.
Disclaimers that are printed in black text on a white background, as well as disclaimers that have at least the same degree of contrast with the background color as the degree of contrast between the background color and the color of the largest text used in the communication, will be considered to satisfy the color contrast requirement.