| Communication |
Disclosure and Manner of Display |
| All mass mailings – more than 200 substantially similar pieces of mail sent within a calendar month |
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – must be in at least 14-point bold font
- Committee name, address (as listed on Form 410), and SFEC website reference on outside of mailing in no less than 14-point, bold font and in contrasting print or color
- Return envelopes (included in solicitation) – committee’s name, address and ID number are recommended but not required
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| All mass electronic mail – more than 200 substantially similar emails sent within a calendar month |
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – must be in at least the same size font as a majority of the text (no address is required on mass electronic mailings)
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Telephone calls advocating candidate’s own election – 500 or more calls similar in nature and made by:
- Vendors (“robo” calls); or
- Paid individuals other than the candidate, campaign
manager or volunteers
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- Must identify the candidate’s committee that authorized or paid for the call or an organization authorizing the call that files campaign reports
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – must be at least three (3) seconds at the beginning of the call in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement
- No identification required on telephone calls personally dialed by candidate, campaign manager or volunteers
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| Radio ads and non-third party influencer audio only electronic media ads |
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – must be at least three (3) seconds at the beginning of the ad, read in a clearly spoken manner with pitch and tone substantially similar to the rest of advertisement
- Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other required disclosures in a clear and conspicuous format. An image, audio, or video is generated or substantially altered using artificial intelligence if:
- The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
- The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version
- An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
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Television ads* and video ads (including non-third party influencer videos disseminated over the Internet) *Television ads include those distributed via streaming technology or viewed via connected TV |
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – all text must be centered horizontally in the disclosure area, in a contrasting color (white), in standard Arial Regular type.
- The size for capital letters must be four (4) percent of the height or width of the display screen, whichever is less, and must be displayed at the beginning of the ad for at least five (5) seconds of a broadcast of thirty (30) seconds or less or for at least ten (10) seconds of a broadcast longer than thirty (30) seconds. If the television or video ad is shorter than the required disclosure display time, the disclosure may be displayed for the length of the advertisement. The required disclosure must also be spoken at the beginning of the advertisement.
- Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in white and to be displayed in the same manner as the other required disclosures in a clear and conspicuous format at the top of the disclosure area separated from the other disclosures by a blank horizontal space at least two (2) percent of the height of the television display screen. The “Paid for by” disclosure should follow this disclosure. An image, audio, or video is generated or substantially altered using artificial intelligence if:
- The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
- The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version
- An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
- Any text or image not required in this section shall not appear in the disclosure area, except as otherwise authorized or required by applicable law.
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Electronic media ads (non-social media and non-third party influencer)
Websites, blogs, graphics, images, animated graphics, or animated images.
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- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” included in a box with a solid white or black background at the bottom of the advertisement. Text shall be in a contrasting color, in at least 11-point, non-condensed standard Arial Regular type, and visible for the duration of the advertisement.*
NOTE: If the image takes up fewer than 65,000 square pixels (smaller than a standard 728×90 pixel leaderboard image advertisement), then the advertisement may instead include “Who funded this ad?” in at least 8-point standard Arial Regular type with a hyperlink to a website containing the full disclosures in a contrasting color and in no less than 11-point font.
- Unless the disclosure area includes full “Paid for by” and “Artificial Intelligence” disclosures, the advertisement must link to a website containing the full disclosures in a contrasting color and in no less than 11-point font
- An internet website that is hyperlinked to the ad shall remain online and available to the public until 30 days after the date of the election.
- Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other required disclosures in a clear and conspicuous format at the top of the disclosure area before the “Paid for by” disclosure and separated by a blank line. An image, audio, or video is generated or substantially altered using artificial intelligence if:
- The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
- The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version
- An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
*This text is not required if including it or the abbreviated “Who funded this ad?” would take up more than ten (10) percent of the graphic. In such circumstances the ad need only include a hyperlink to a website containing the website disclosures.
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| Listening applications (e.g., Pandora, Spotify, etc.) (non-third party influencers) |
- For the visual/image portion of the advertisement, follow the electronic media advertisement disclosure requirements for a graphic, image, animated graphic, or animated image.
- For the audio portion of the advertisement, follow the audio only disclosure requirements.
- If the ad is in video format, instead follow the television and video ad disclosure requirements in addition to the spoken disclosure requirements for radio / telephone / audio only disclosures.
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| Social Media Ads (non-third party influencer) |
- Advertisements in the form of posts, comments or other communications made via social media and posted directly by the social media page or account of the committee paying for the advertisement must include “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” and the “Artificial Intelligence” disclosures, if applicable, in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo committee’s profile, landing page, or similar location; disclosures are not required on each individual post or comment that is an advertisement.
- The disclosures must be visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media including, but not limited to, a computer screen, laptop, tablet or smart phone. If this is impracticable, only a hyperlink, icon, button, or tab to an internet website containing the required “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” and “Artificial Intelligence” disclosures is permissible.
- If required, the “Artificial Intelligence” disclosure must appear at the top of the disclosure area before the “Paid for by” disclosure and separated by a blank line.
- Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other required disclosures in a clear and conspicuous format at the top of the disclosure area before the “Paid for by” disclosure and separated by a blank line. An image, audio, or video is generated or substantially altered using artificial intelligence if:
- The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
- The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version
- An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
- Not required when the only expense or cost of the communication is compensated staff time unless the social media account was created only for the purpose of advertisements under the Act.
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| Third party influencer ads |
- Advertisements posted on a website, web application, or digital application and posted by a page or account of a paid third-party influencer and not of the committee paying for the advertisement must include a disclosure that is substantially similar to “The author was paid by [name of committee and committee identification number] in connection with this posting.”
- If the content is written, the disclaimer shall be readily legible to an average viewer; if it is in audio format, it shall be clearly audible.
- Not required when the content is posted on a committee’s own website, profile, or landing page by a person compensated by the committee to post such content, or where the only expense or cost is compensated staff time, unless the compensated employee of the committee’s principal duties are to post content on their own social media page or account.
NOTE: The committee paying for the advertisement must notify the paid third party posting the ad of the requirement to include the disclaimer. |
| Website and email (non-third party influencer) |
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” and “Artificial Intelligence” disclosures if applicable printed clearly and legibly in a contrasting color and in no less than 8-point font at the top or bottom of the email, top or bottom of every publicly accessible page of the website, or when posted on a non-social media website that is not the committee’s website, at the top or bottom of each individual post.
- “Artificial Intelligence” disclosure must appear at the top of the disclosure area before the “Paid for by” disclosure, separated from the other disclosure by a blank line.
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| Print ads designed to be individually distributed including mailings, door hangers, flyers, faxes, posters, newspaper and magazine ads and oversized campaign buttons and bumper stickers (buttons 10 inches in diameter or larger and stickers 60 square inches or larger) |
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – must be in no less than 14-point, bold font and in a color that has a reasonable degree of contrast with the background of the advertisement
- Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other required disclosures in a clear and conspicuous format at the top of the disclosure area before the “Paid for by” disclosure and separated by a blank line. An image, audio, or video is generated or substantially altered using artificial intelligence if:
- The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
- The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version
- An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
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Print ads larger than those designed to be individually distributed, including but not limited to: –Billboards -Window Signs -Yard Signs -Rally Signs |
- “Ad Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – all text must be in contrasting color with sufficient contract that is easily readable by the average viewer and centered horizontally in the disclosure box.
- The text must be in standard Arial Regular font, and must be a height of at least five (5) percent of the advertisement, meaning that each line must be at least five percent of the advertisement, in a printed or drawn box with a solid white background on the bottom of the advertisement that is set apart from any other printed matter.
- The text in the disclosure area may be adjusted so it does not appear on separate lines, and the disclosure area must not contain any other text or image that is not required by law to be included.
- Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other required disclosures in a clear and conspicuous format at the top of the disclosure area before the “Paid for by” disclosure and separated by a blank line. An image, audio, or video is generated or substantially altered using artificial intelligence if:
- The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
- The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version
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- An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
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| Third party influencer ads that appear on websites, web applications, or digital applications |
- Advertisements posted on a website, web application, or digital application and posted by a page or account of a paid third-party influencer and not of the committee paying for the advertisement must include a disclosure that is substantially similar to “The author was paid by [name of committee and committee identification number] in connection with this posting.”
- If the content is written, the disclaimer shall be readily legible to an average viewer; if it is in audio format, it shall be clearly audible.
- Not required when the content is posted on a committee’s own website, profile, or landing page by a person compensated by the committee to post such content, or where the only expense or cost is compensated staff time, unless the compensated employee of the committee’s principal duties are to post content on their own social media page or account.
- NOTE: The committee paying for the advertisement must notify the paid third party posting the ad of the requirement to include the disclaimer
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| Text messages sent using mass distribution technology |
- “Paid for by” or “With” followed by the name of the candidate followed by “For” followed by the name of the office sought and “Financial disclosures are available at sfethics.org”
- “Paid for by” or “With” followed by the name of the committee, or followed by a hyperlink or URL for an internet website containing the following disclosures:
- Text shall be in a color that reasonably contrasts with the background on which it appears and in no less than 8-point font.
- An internet website that is hyperlinked shall remain online and available to the public until thirty (30) days after the election.
- If “With” is used:
- The individual sending the text shall identify themselves by including: “(name of the individual) with (name of the candidate) for (name of office).”
- A disclosure using “With” may appear anywhere in the text message, including conversational content, and need not appear as a separate statement apart from the content of the message
- For text message exchanges consisting of a sequence of multiple text messages sent on the same day the disclosure is only required on the first text message in the sequence that supports or opposes a candidate or measure
- Text required to be included in a text message must be in a color that reasonably contrasts with the background on which it appears and in a font size that is readable by the average viewer
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| Other written advertisements in formats not specifically addressed (e.g. projected images, laser ads, written social media ads that are not a graphic, image, animated graphic, or animated image, etc.) |
- “Paid for by [name of committee]” and “Financial disclosures are available at sfethics.org” – all text must be in a size and color contrasting the background that is readily legible to an average viewer.
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