Advertising Policy.pdf

Advertising Policy

Adopted October 31, 2008

Purpose

This Policy is intended to establish uniform, viewpoint-neutral standards for the display of advertising in the Division of Fisheries and Wildlife’s Abstracts of MA Fish & Wildlife

Laws publication (the “Abstracts”). The Board may, in consultation with the Division and the Department of Fish and Game, consider at a future date whether advertising in other

Division publications is desirable or appropriate. If the Board subsequently authorizes advertising in additional Division publications, this Policy will be amended as appropriate to reflect that decision.

In setting advertising standards the Board is aware that the expenditures made of goods and services in the Commonwealth by individuals participating in Division supported activities make a significant contribution to the economy of the state, cities and towns. The Board also notes that expenditures on certain hunting and fishing equipment generates federal taxes that support the Division’s programs.

These standards seek to fulfill the following goals and objectives:

(a) maximization of revenue, for support of Division publications and programs, generated by advertising;

(b) attracting, maintaining, and increasing resident and non-resident participation in outdoor activities supported by the Division;

(c) avoiding the identification of the Division or the Commonwealth of Massachusetts with advertisements or the viewpoints of the advertisers; and

(d) minimization of Division publication costs.

The Board reserves the right, from time to time, to suspend, modify, or revoke the application of any or all of these Guidelines as it deems necessary to comply with legal mandates, to accommodate the Division’s statutory functions, and to fulfill the goals and objectives referred to herein. All the provisions of these Guidelines shall be deemed severable.

Advertising Program and Administration

(a) The Division’s Director shall, from time to time, select a Publisher who shall be responsible for the administration of advertising in the Abstracts, in a manner consistent with this Policy and the terms of its agreement with the Division. The advertising program shall include, but not be limited to, promotion, solicitation, sales, accounting, billing, collections, and inclusion of advertising displays in the

Abstracts, as determined by the Board.

(b) The Publisher shall provide, or shall subcontract for, all employees, equipment, and services necessary to perform the work and provide the services required by the

Division.

(c) The Director shall designate an employee as the Division’s “Contract

Administrator” to be the primary contact for the Publisher. Questions regarding the terms, provisions, and requirements of these Guidelines shall be addressed initially to the Contract Administrator.

Division Operations and Promotions

The Division has the unqualified right to display in the Abstracts notices that pertain to

Division programs, consistent with the provisions of its agreement with the Publisher.

Disclaimer

The Division reserves the right, in all circumstances, to require that an advertisement in the

Abstracts include a disclaimer indicating that it is not sponsored by, and does not necessarily reflect the views of, the Division.

Advertising Standards

(a) The Division intends that the Abstracts constitute a nonpublic forums that is subject to the viewpoint-neutral restrictions set forth below. Certain forms of paid and unpaid advertising will not be permitted for placement or display in the Abstracts.

(b) The Division shall not accept any advertisement that falls within one or more of the following categories:

(i) Demeaning or disparaging. The advertisement contains material that demeans or disparages an individual or group of individuals. For purposes of determining whether an advertisement contains such material, the

Division will determine whether a reasonably prudent person, participating in the Division’s programs and using prevailing community standards, would believe that the advertisement contains material that ridicules or mocks, is abusive or hostile to, or debases the dignity or stature of, an individual or group of individuals.

(ii) Tobacco and Alcohol. The advertisement promotes the sale or use of tobacco or tobacco-related products, and alcohol will not be accepted.

(iii) Profanity. The advertisement contains profane language.

(iv) Depictions of a Take of State-Listed Species or their Habitats. The advertisement contains an image of activities, including equipment, that depict a “Take,” of a plant or animal that has been listed by the Division as a endangered or threatened species or a species of special concern pursuant to Massachusetts Endangered Species Act (“MESA”) or a Take of their habitats.

“Take,” is defined in 321 CMR 10.02 of the Division’s MESA Regulations to mean the killing or harming of a state-listed species, including the disruption of nesting, breeding, feeding or migratory activity that may result from modifying, degrading or destroying their habitat.

(v) ATVs or Other Off-Road Vehicles. All advertisements for or depicting all terrain vehicles (“ATVs”) and/or other “off road” vehicles must contain a statement, occupying at least 3% of the area of the advertisement, that informs vehicle users of the current legal restrictions of the use of these vehicles on state and private lands.

(vi) Violence. The advertisement contains an image or description of graphic violence, including, but not limited to (1) the depiction of human bodies or body parts, or fetuses, in states of mutilation, dismemberment, decomposition, or disfigurement in an act or acts of violence or harm on a person.

(vii) Unlawful goods or services. The advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, the use or possession of unlawful or illegal goods, or services.

(viii) Unlawful conduct. The advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, unlawful or illegal behavior or activities.

(ix) Obscenity or nudity. The advertisement contains obscene material or images of nudity. For purposes of these Guidelines, the terms “obscene” and

“nudity” shall have the meanings contained in Massachusetts General Laws

ch. 272, §31.

(x) Prurient sexual suggestiveness. The advertisement contains material that describes, depicts, or represents sexual activities or aspects of the human anatomy in a way that the average adult, applying contemporary community standards, would find appeals to the prurient interest of minors or adults in sex. For purposes of these Guidelines, the term “minor” shall have the meaning contained in Massachusetts General Laws ch. 272, §31.

(xi) Political campaign speech. The advertisement contains political campaign speech. For purposes of these Guidelines, the term “political campaign speech” is speech that (1) refers to a specific ballot question, initiative petition, or referendum, or (2) refers to any candidate for public office.

(xii) Endorsement. The advertisement, or any material contained in it, implies or

M.G.L. c. 272. §31, defines “obscene” as follows: “matter is obscene if taken as a whole it (1) appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; (2) depicts or describes sexual conduct in a patently offensive way; and (3) lacks serious literary, artistic, political, or scientific value." M.G.L. c. 272, §31, defines “nudity” as follows:

“uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple or areola only are covered.”

M.G.L. c. 272, §3 I, defines “minor’ as “a person under eighteen years of age.

declares an endorsement by the Division or the Commonwealth of any service, product or point of view, without prior written authorization of the

Director.

(xiii) False, misleading, or deceptive speech. The advertisement proposes a transaction, and the advertisement, or any material contained in it, is false, misleading, or deceptive.

(xiv) Libelous speech, copyright infringement, etc. The advertisement, or any material contained in it, is libelous or an infringement of copyright, or is otherwise unlawful or illegal or likely to subject the Division to litigation.

(xiv) “Adult”-oriented goods or services. The advertisement promotes or encourages, or appears to promote or encourage, a transaction related to, or using, brand names, trademarks, slogans or other materials which are identifiable with films rated "X" or “NC-17,” video games rated M or AO, adult book stores, adult video stores, nude dance clubs and other adult entertainment establishments, adult telephone services, adult Internet sites, and escort services.