Legal Definitions - Publicity or propaganda

The term "publicity or propaganda" refers to a legal restriction on how federal government agencies can spend taxpayer money on communications within the United States. Found in annual appropriations bills passed by Congress, this provision aims to prevent government funds from being used for certain inappropriate communication activities.

It's important to understand that this restriction is not intended to stop federal agencies from informing the public about their programs, explaining their policies, or defending their actions. In fact, agencies have a responsibility to keep citizens fully and accurately informed. The Government Accountability Office (GAO), which oversees compliance with this law, generally takes a flexible approach, recognizing that agencies need to communicate effectively with the public.

However, the prohibition targets specific types of communication that are deemed an improper use of federal funds. Over time, the GAO has identified three main categories of activities that constitute prohibited "publicity or propaganda":

• Self-Aggrandizement (Puffery): This occurs when an agency uses funds to excessively promote its own importance, achievements, or the personal image of its leaders, rather than providing objective information about its programs and services.
• Purely Partisan Purposes: This involves using government funds for activities solely intended to support a specific political party or candidate in an election. The GAO takes a very deferential view here, meaning an activity must be completely unrelated to official government functions to be considered purely partisan.
• Covert Propaganda: This refers to situations where a government agency creates communication materials but then arranges for them to be distributed by a non-governmental entity without disclosing that the government is the true source of the content.

Here are some examples illustrating these concepts:

• Example 1: Self-Aggrandizement

  Imagine the Department of Environmental Protection (DEP) publishes a lavish, full-color annual report. While it includes some data on environmental improvements, a significant portion of the report features large, flattering photographs of the DEP Secretary and other high-ranking officials, accompanied by quotes praising their "visionary leadership" and "unprecedented accomplishments" in vague terms, without specific program details or measurable outcomes. The report is distributed widely at taxpayer expense.

  How it illustrates the term: This could be considered self-aggrandizement because the report appears to prioritize boosting the personal image and perceived importance of the agency's leadership over objectively informing the public about the DEP's actual programs, challenges, and achievements. The excessive focus on individual glorification, rather than substantive program reporting, would raise concerns.

• Example 2: Purely Partisan Purposes

  Suppose the Department of Labor (DOL) sends out an email newsletter to its subscribers, which typically provides updates on employment statistics and worker protection initiatives. However, one edition of the newsletter includes a prominent article that directly criticizes the economic platform of a specific political party's candidate for an upcoming election, arguing that their proposals would harm job growth, without linking this critique to any existing DOL policy or program. The article then encourages readers to consider the implications for the upcoming vote.

  How it illustrates the term: This would likely be deemed for purely partisan purposes. The DOL's official communication channel is being used to directly advocate against a political candidate's platform and influence an election, rather than to inform the public about the agency's official functions, policies, or programs. Such an action would be "completely devoid of any connection with official functions."

• Example 3: Covert Propaganda

  The National Space Agency (NSA) develops a series of compelling social media videos highlighting the benefits of increased funding for space exploration, including potential technological breakthroughs and job creation. Instead of posting these videos on its official NSA social media accounts, the agency secretly provides them to a seemingly independent "Citizens for Space Advancement" advocacy group. This group then disseminates the videos across various platforms, presenting them as their own original content and never disclosing that the NSA created and funded the production.

  How it illustrates the term: This scenario represents covert propaganda. The NSA is using taxpayer funds to create promotional content and then deliberately concealing its role as the source by having a third-party organization distribute the materials. This lack of transparency about the government's involvement is the defining characteristic of covert propaganda.