Why TV stations must air political ads, even misleading ones

 

MADISON Wis. (CBS 58) -- Political advertisements are nearly impossible to avoid these days, and it's left some people wondering why TV stations are obligated to run them.

Bottom line -- there's not much local news stations can do when it comes to broadcasting campaign ads no matter how controversial they may be.

The federal Communications Act of 1934 states broadcasters "shall have no power of censorship over the material broadcast" over an "appearance by a legally qualified candidate."

University of Wisconsin-Madison political science professor Eleanor Powell said the law means TV stations legally can't reject political ads for any reason, even if they contain misleading information.

"It's a funny little loophole that we have," Powell said. "We're used to having advertisements on TV that are required to be factual, but political advertising falls under the First Amendment and the U.S. Supreme Court has ruled it's free speech and you can really say whatever you would like."

Television stations, like CBS 58, are also required to accept political advertisements from each candidate in a contested race and give them equal airtime.

The number of controversial, questionable or untrue statements in political ads have only increased in the last few years, Powell said, and it's a trend that's unlikely to slow down.

"This really nasty, increased vitriol and less factual stuff I would say dates back to 2016 where we've seen this tone shift," said Powell. "And, you know, viewers should brace themselves for more."

With viewers seeing more political ads than ever before, Powell said it's up to individuals to do their homework.

An important tool is "re-Googling", a term experts use to fact check information they see and hear by searching for different sources of information.

Dr. Megan Moreno, an adolescent health physician & researcher at UW-Health Kids, said in a charged political climate it's also important to talk to your children if they ask questions about campaign ads.

"Ask them, what are they trying to sell you? How do you feel when you watch this and what are other resources you can use to investigate whether what they are saying is true or might be bending the truth," said Moreno.

There are some exceptions to the Communications Act of 1934. It does not apply to cable networks or social media companies who do have the authority to reject or remove political content.

Meta, the parent company of Instagram and Facebook, started limiting political content recommended to users earlier this year. The decision received some backlash during a pivotal election year.

Users can adjust their settings if they wish to see more political content on social media.

More information on the rules for political candidate advertising can be found here.