Not only are local Ohio television stations required to air campaign ads, even if they are misleading or contain lies, but candidates can also clip news reports for their own agenda.

TV, streaming, and social media users have been bombarded by incessant political ads, oftentimes videos that contain clips from news reports.

Our reporters have appeared in at least three different attack ads in this cycle. Viewers have noticed, and we have received a lot of questions about why a specific ad, airing nationally during the OSU-Texas game, used our reporter’s voice and reporting.

It was a pro-Vivek Ramaswamy ad, one bringing up Democratic candidate Dr. Amy Acton’s 2019 domestic disturbance.

The truth is, we didn’t know about it. And it’s completely legal for it to air.

Here’s how it works.

Federal law allows campaigns to use news reporting under the fair use doctrine, which Case Western Reserve University Elections law professor Atiba Ellis explains allows candidates to use copyright-protected work without licensing it.

“The campaigns are using them for speech that is involved in the political process,” Ellis said. “These snippets can be used in compliance with First Amendment law and copyright law, because the campaigns aren’t using these ads to make money.”

We’ve started a series fact-checking ads, and we’ve gotten the same question over and over: if these ads are misleading or even flat-out lying, why are you airing them? The Federal Communications Commission (FCC) says local TV stations have to.

“The media can’t act as a censor precisely because television, radio, newspapers all serve as forums,” Ellis said. “The media is obligated to air ads as part of ensuring a robust debate.”

Candidates and reporters have little to no legal recourse if something is taken out of context or if an ad isn’t telling the whole truth.

“A lot of folks at home don’t think about the fact that there is no defamation in commercials,” Acton said. “People can lie.”

The FCC doesn’t monitor political ads for accuracy, just for disclosure on who created the ad.

Candidates can sue, civilly, to get something off the air, but by the time that a lawsuit is filed and a decision is reached, it’s far after Election Day.

Still, strategists say both sides need to be strategic about getting their message across.

“Whether it’s a 30-second commercial or a 100-second news clip, it’s hard to get in all the history and explain all the nuances,” said Terry Casey, GOP strategist.

Ohio law once made it a crime make false statements in political ads, but it was overturned by federal courts.

When you are watching ads on TV, make sure to take them with a grain of salt.

Follow WEWS Statehouse reporter Morgan Trau on X and Facebook.

This article was originally published on News5Cleveland.com and is published in the Ohio Capital Journal under a content-sharing agreement. Unlike other OCJ articles, it is not available for free republication by other news outlets as it is owned by WEWS in Cleveland.