Advisory Opinion 21-02
Date
02/03/2022
Number
2021 – No. 2
Requester
John Handy & Jen Waldref, House Republican and House Democratic Caucus Communications Directors
Topic
Use of Photos Depicting Legislators
Issue/Question
Do photos of a legislator taken with groups or persons supporting an organization or cause, where the cause or organization is visible in the photo, a violation of the Act if posted on official social media or in an official publication?
Summary
Not necessarily. It is not the photo itself or the act of taking the photo that may violate the Act. Rather, it is the use to which the photo is put that determines whether the Act has been violated. In determining whether the use of a photo depicting a legislator violates the Act, the Board will closely examine the context in which the photo is presented. If there is a sufficient legislative nexus with the use of the photo, as determined by the context, then the use of the photo in an official publication will not violate the Act.