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Can I use social media to promote my business without violating advertising laws in Wyoming? What are the requirements?
Here are the requirements for using social media to promote your business without violating advertising laws in Wyoming:
Requirements for Social Media Advertising in Wyoming
In Wyoming, campaign advertising in communications media is regulated by WYST 22-25-110 [1.1]. It is unlawful for a candidate, political action committee, organization, including organizations causing an electioneering communication or an independent expenditure to be made, candidate’s campaign committee, or any political party central committee to pay for campaign literature or campaign advertising without conspicuously displaying or speaking the following disclosure: “paid for by (name of candidate, organization or committee sponsoring the campaign literature or campaign advertising)”.
However, this regulation does not apply to small campaign items such as tickets, bumper stickers, pens, pencils, buttons, rulers, nail files, balloons, and yard signs displaying the name of the candidate or office sought and any other items specified by rule of the secretary of state [1.1].
For paid advertising in any communication media or for printed literature to support, oppose or otherwise influence legislation by the legislature of the state of Wyoming, which is or was the subject of a statewide initiative or referendum within the past four (4) years, groups of persons who are associated for the purpose of raising, collecting or spending money for paid advertising must file a statement of formation listing the names and addresses of its chairman and treasurer with the secretary of state within ten (10) days after formation and prior to the publication, dissemination or broadcast of any paid advertising from the group [3.1].
Social Media Advertising
Social media advertising is not explicitly mentioned in the context documents. However, based on the regulations mentioned above, it is advisable to include a disclosure statement in any paid advertising on social media platforms. The disclosure statement should conspicuously display or speak the following disclosure: “paid for by (name of candidate, organization or committee sponsoring the campaign literature or campaign advertising)” [1.1].
Additionally, groups of persons who are associated for the purpose of raising, collecting or spending money for paid advertising in any communication media or for printed literature to support, oppose or otherwise influence legislation by the legislature of the state of Wyoming, which is or was the subject of a statewide initiative or referendum within the past four (4) years, must file a statement of formation listing the names and addresses of its chairman and treasurer with the secretary of state within ten (10) days after formation and prior to the publication, dissemination or broadcast of any paid advertising from the group [3.1].
Therefore, to use social media to promote your business without violating advertising laws in Wyoming, you should include a disclosure statement in any paid advertising on social media platforms and file a statement of formation with the secretary of state if you are associated with a group of persons who are raising, collecting or spending money for paid advertising in any communication media or for printed literature to support, oppose or otherwise influence legislation by the legislature of the state of Wyoming, which is or was the subject of a statewide initiative or referendum within the past four (4) years.
Additional Information
There are other regulations related to advertising in Wyoming that you should be aware of. For example, outdoor advertising is regulated by WYST 24-10-109 [2.1] and WYST 24-10-104 [2.2]. Written campaign advertising is regulated by WYST 22-25-115 [1.2]. Campaign advertising rates are regulated by WYST 22-25-112 [1.3]. The sale of alcoholic liquor is regulated by WYST 12-5-405 [5.2]. The size, lighting, and spacing of outdoor advertising are regulated by WYST 24-10-106 [2.4]. Industry representatives are regulated by WYST 12-5-403 [5.1]. The declaration of policy and legislative intent is regulated by WYST 24-10-102 [2.8].
If you have any further questions or concerns, it is recommended that you consult with a legal professional.
Source(s):
- [1.1] Campaign advertising in communications media
- [2.1] What outdoor advertising deemed unlawful; procedure for removal
- [3.1] Paid advertising; penalty
- [1.2] Written campaign advertising; prohibiting placement on public property; exception
- [2.2] Outdoor advertising visible from highways prohibited; exceptions
- [1.3] Campaign advertising rates
- [5.1] Furnishing of equipment; advertising materials; records to be kept
- [2.4] Size, lighting and spacing; where signs may be erected
- [5.2] Sale of alcoholic liquor
- [2.8] Declaration of policy and legislative intent
Jurisdiction
Wyoming