In two determinations handed down yesterday, the US Federal Election Commission (FEC) found that political blogs and bloggers are media for the purposes of US Electoral Law.
The first case was a complaint against the well known left wing blog The Daily Kos. Conservative blogger John C.A. Bambenek claimed that the site should comply with campaign finance laws because it charges a fee to place advertising on its website and it provides “a gift of free advertising and candidate media services” by posting blog entries that support candidates. The FEC determined that the website falls “squarely” within the media exemption and is therefore not subject to federal regulation under the Act; ipso facto: under US law blogs are formally recognized as media organizations.
In the second case, the FEC rejected allegations that Michael L. Grace made unreported expenditures when he leased space on a computer server to create a blog which advocated the defeat of Representative Mary Bono in the November 2006 election. The Commission found that the respondent did not fraudulently misrepresent himself in violation of 2U.S.C. § 441h and that the Act exempts from regulation volunteer activity by individuals.
In the FEC’s Internet regulations, the Commission clarified that an individual’s use, without compensation, of equipment and personal services for blogging, creating, or hosting a website for the purpose of influencing a Federal election are not expenditures subject to the restrictions of campaign finance law.
Essentially it reaffirmed the right of American bloggers to exercise their free speech rights without being subject to US electoral law, in the same way that media organizations are able to.
Blogger are closer and closer to public media.
So what I wonder is, how can I qualify for free tickets to sporting events and concerts as a blogger?
@ Andrew: Write a damn good blog about sporting events and concerts
“formerly recognized as media organizations”
Do you mean “formally” instead of “formerly?”
Yawn. I would appreciate a blog entry that provided more opinion and commentary, rather than just a rehash of the news. Or maybe an entry that provided a bit more research, a bit more background. Something more original.
I’m guessing this sentence will be edited once Arrington reads it, or once he refreshes his memory on administrative law:
“The FEC determined that the website falls ’squarely’ within the media exemption and is therefore not subject to federal regulation under the Act; ipso facto: under US law blogs are formally recognized as media organizations.”
I’m throwing a flag on the unnecessary use of ipso facto as well.
Now that blogs are considered ‘media’ how do equal access rules apply to, say, The Daily Kos or a highly conservative blog? Bloggers have wanted the ‘rights’ of the media, but now I would guess they’re now subject to the undesirable aspects as well.
Wait, I misread all that. Nevermind.
Wow, it’s like they have discovered the sun! LOL
I would scratch “ipso facto: under US law blogs are formally recognized as media organizations.” My guess is that these determinations only apply to how the FEC characterizes blogs in enforcing their own administrative regulations.
I wonder when the CRTC in Canada will classify blogging as media? Probably never, they’re slow to do everything.
It wouldn’t apply to all blogs though. I imagine that would exclude some blogs, such as those owned or operated by a political party, candidate, etc.
Also, is the second case a “media” type exemption or does that fall as a volunteer providing in-kind support?
Duncan:
Thanks for posting on the validity of political, independent blogging. Nice to see the definition of media expanded to include the ranks of the online. This type of subject is exactly what I look for to post on at the blog I write. I cross-posted on your piece, along with some comments, at http://blog.innovators-network.org
The Innovators Network is a non-profit dedicated to bringing technology to startups, small businesses, non-profits, venture capitalists and intellectual property experts. Please visit us and help grown our community!
Best wishes for continued success,
Anthony Kuhn
Innovators Network
Oh Great!
http://fakesteveballmer.blogspot.com
Wait is this a tech site or a legal site?
Glad to see blog rights acknowledged in US and waiting for this to happen in our part of the world.
I am truly wondering… By defining blogs as a media entity, would that make them subject to the equal time rule? I would think that’s the next step taken with this. It’s truly amazing how ill-prepared our government is to deal with emerging trends in mass media when it comes to the application of mass media law.
I am also wondering if we shouldn’t consider having some kind of regulations set for information that gets posted through blogs. Who is responsible when libelous statements about candidates are posted for the world to see?
Along with being afforded the advantage of media entities, blogs have also been afforded the disadvantages of media entities. i.e. tobacco, alcohol and child snack ad bans. Censorship, etc. Let’s wait a bit before we celebrate.
That would not apply to all blogs I think..