Joe Sestak Must Explain His TV Ad’s Apparent Violations of Dept. of Defense Regulations

By ARLEN SPECTER FOR SENATE

Harrisburg – The Specter campaign is calling on Cong. Joe Sestak to explain his TV ad’s apparent violation of various Dept. of Defense regulations regarding the use of military images.

Sestak’s TV spot uses multiple photos and videos of his time in the Navy but lacks the DOD disclaimer required for use in a political commercial.

Watch the ad — without the needed disclaimers — here: http://bit.ly/bMEeEo

Quoting from DOD regulations: “Dept of Defense Instruction 5410.15 (DODI 5410.15), issued March 28, 1989, governs use of visual information (VI), including photographs and video, from the Department of Defense. It is DOD policy that with regard to use of these materials:

- there should be no implication or appearance of implication of DOD endorsement or approval of any person…partisan or political cause (Section 3.1.3)

- footage shot with DOD assistance and by DOD personnel…shall not be reused or sold to other productions without specific DOD approval (Section 3.6)

- the DOD does not engage in any activity that benefits or could be perceived as benefiting any political party or political cause. All requests for use of VI materials and support to national level political activities, including congressional and senatorial campaigns, shall be forwarded through the Legislative Liaison Office through the DOD Legislative Affairs Office for review and guidance.”

Further, “Dept of Defense Directive 1344.10 (DODD 1344.10), issued February 19, 2008, places limitations on the use of media depicting a political candidate in military uniform. For definitional purposes, the term “members not on active duty” includes retired members of the Armed Forces (See Section 4, Policy)

Section 4.3 states, in relevant part, as follows:

4.3.1. Members not on active duty who are nominees or candidates for [elected office] may, in their campaign literature (including Web sites, videos, television, and conventional print advertisements):

…

4.3.1.2. Include or permit the inclusion of their current or former specific military duty, title, or position, or photographs in military uniform, when displayed with other non-military biographical details. Any such military information must be accompanied by a prominent and clearly displayed disclaimer that neither the military information nor photographs imply endorsement by the Department of Defense or their particular Military Department (or the Department of Homeland Security for members of the Coast Guard); e.g., “John Doe is a member of the Army National Guard. Use of his military rank, job titles, and photographs in uniform does not imply endorsement by the Department of the Army or the Department of Defense.

4.3.2. Members included in subparagraph 4.3.1. may NOT, in campaign literature (including Web sites, videos, television, and conventional print advertisements):

4.3.2.1. Use or allow the use of photographs, drawings, and other similar media formats of themselves in uniform as the primary graphic representation in any campaign media, such as a billboard, brochure, flyer, Web site, or television commercial. For the purposes of this policy, “photographs” include video images, drawings, and all other similar formats of representational media.”

“Cong. Sestak needs to take his TV ad off the air until it complies with DOD regulations,” said Christopher Nicholas, Senator Arlen Specter’s campaign manager.”

The Sestak TV ad began appearing across the state yesterday.

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