Current through Register Vol. 45, No. 52, December 27, 2023
(a)
A public service announcement is a communication that meets all of the
following criteria:
(1) the communication:
(i) is designed to promote programs,
activities, or services of nonprofit organizations or Federal, State or local
governments; or
(ii) imparts
information generally regarded as serving the public interest;
(2) the communication is sponsored
or paid for by:
(i) a person; or
(ii) an organization or entity with a mission
or history that includes providing outreach and public service announcements to
the community;
(3) the
communication is subject to the public service announcement policies, if any,
of the entity publishing the communication;
(4) the communication does not advertise a
commercial product or service;
(5)
the communication is not paid for or controlled by a covered official who is a
candidate and who appears in the communication, or his or her party or party
committee, or any organization affiliated with the covered official or his or
her party or party committee;
(6)
the communication does not constitute lobbying or
lobbying activities, as those terms are defined in Legislative
Law article 1-A;
(7) the
communication:
(i) does not promote or
support a covered official who is a candidate or criticize or oppose an
individual running against such covered official;
(ii) could not reasonably be interpreted to
be an appeal to vote for such covered official or to vote against an individual
running opposed to such covered official;
(iii) does not include any personal,
political or campaign information; and
(iv) does not link or refer to any websites
created or operated by a campaign or any campaign-related entity, including a
campaign committee, party, or party committee;
(8) the communication is of primary interest
to the general public or a segment of the general public.
(b) Examples of public service announcements
include, but are not limited to, communications regarding nonprofit or
governmental outreach or awareness activities such as: breast cancer screening;
heart disease prevention; domestic violence awareness and prevention; energy
conservation; organ donation; emergency or other disaster relief; programs
designed to encourage reading; job training and job fairs; and fund drives for
charitable activities.
(c) The
following is a non-exhaustive list of communications that are not regulated or
otherwise restricted by this Part:
(1) news,
editorials, or opinions in which a covered official appears that are published
in a news medium that is not controlled by the covered official or his or her
party or party committee:
(i)
news
medium means an entity that regularly publishes news to either the
public-at-large or to subscribers;
(ii)
news means information
that is about current events or that would be of current interest to the public
and that, through the use of editorial skills, is turned into a distinct work
that is published to an audience;
(iii)
editorial means a
communication that provides an opinion of the news medium that is publishing
the communication;
(iv)
opinion means a communication, including but not limited to, a
column, a letter to the editor, or blog or comment on a blog, expressing a
viewpoint and is authored by an individual or entity other than the news medium
that is publishing the communication;
(2) State agency websites; official websites
of, and communications from, members of the New York State
Legislature;
(3) a covered
official's personal communications, including but not limited to, letters,
emails, and postings on social media pages.
Adopted,
New
York State Register, Volume XXXVI, Issue 32, effective
8/13/2014