Abortion providers and advocates face new legal barriers to marketing their services

Supreme Court ruling overturned Roe v. Wade Legally problematic landscape For organizations that promote abortion services or provide information to receive abortion services.

According to some experts, the new Mishmash of existing state-level legislation proposed almost guarantees a number of court battles that could trap both buyers and sellers of ads. ..

The biggest concern for abortion-related advertisers is the legal gray area between states that prohibit and do not prohibit various abortion procedures. This allows banned states to prosecute people or organizations that assist residents in receiving such services elsewhere or encourage proceedings in such cases. This is especially true if there is a law.

Gary Kibel, a partner at Davis + Gilbert LLP, a law firm specializing in advertising law, said: “The unfortunate challenge for the marketing and advertising industry is that if you’re promoting something illegal in an illegal place, it’s dangerous.”

For example, if a Colorado-based group advertises for a legitimate abortion service aimed at reaching Texas residents, in theory, both the group and the ad seller will support the abortion. However, you may be sued for betting on an abortion. Under Texas Senate Bill 8Said Mr. Kibel. The law prohibits abortion after about 6 weeks of gestation, and civilians can file a civil suit against the abortion provider to force the abortion.

Some organizations are already reducing their marketing efforts.

Stacey Kawakami, Head of Strategic Communications at FemHealth USA Inc., which operates as a non-profit abortion and contraceptive service provider, said:

Similarly, the non-profit Power to Decide uses Google Search Ads to promote a tool called Abortion Finder to help you find providers, carefully monitor state law, and how it affects your advertising capabilities. I am judging.

Jennifer Johnsen, Vice President of Digital and Education at Power to Decide, said: “It’s a kind of” see what it’s going to be “a moment. “

For abortion groups, tensions arise as consumer interest grows dramatically.

Johnsen said the abortion finder traffic has increased more than 10 times since Politico reached May 2. Published leaked draft Of the opinion of the Supreme Court.

The average daily visit to the home page of Plan C, a non-profit group funded by National Women’s Health Network Inc., which provides information on access to so-called abortion drugs, was 500 before the passage of Texas law last year. It became 209,000 last month. The Supreme Court has announced the decision, said Elisawells, co-founder and co-director of Plan C.

Misoprostol, abortion drug.


Victor R. Kaibano / Associated Press

Some groups continue to work on sending messages.

Plan C is one of the states that has just outlawed abortion and will continue with a series of billboards and radio ads.

Regarding the possibility of proceedings, Mr. Wells said, “We will test the boundaries rather than stop providing information.” However, she said the advertising agency that helped Plan C organize the campaign may have to remain anonymous due to concerns about her responsibilities.

Possible Health Inc., operated as Hey Jane, provides consumers directly with abortion drugs and related services, and continues to spend tens of thousands of dollars on Google search advertising each month, said co-founder and growth director Gaby Izarra. I am. marketing.

“Given that only one in four people knows that drug-induced abortion exists, most of the strategies for the coming months will raise awareness of drug-induced and telemedicine abortions. That’s what Izarra said.

At the same time, Hey Jane only advertises on Google and is currently in California, Colorado, Illinois, New Mexico, New York and Washington.

Some groups also said that digital advertising platforms are likely to reject both paid and organic posts containing words such as “abortion” and “pregnancy” in recent weeks.

Kawakami shared two Caraphem posts she said were recently censored by Instagram. One featured a cat video with a text explaining how medical abortion works, and the other read, “It’s okay to have multiple abortions.”Both were restored only after carafem complained to Instagram parents

Meta platform Ltd,

She said.

PlanC Social Media Director Martha Dimitratou also shared some posts and advertising images that were rejected by Facebook and Instagram for promoting “the sale or use of unsafe substances.”

A Meta spokeswoman said that some of the ads in question did not have the pre-approval to promote prescription drugs or the pre-approval required for all ads, including socio-political commentary. Said it was rejected. She declined to elaborate.

Kawakami said that Carafem’s greatest digital marketing success came from TikTok. One video, co-produced with Caraphem, showing anthropologists and influencers how to get and use abortion medications has earned over 2.3 million organic views.

Still, TikTok has banned all paid advertising that promotes abortion services, which is classified as “inappropriate business.”

“I think it will be even harder to find a place for people to advertise,” said Kibel, a lawyer at Davis & Gilbert.

Write to Patrick coffee

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Abortion providers and advocates face new legal barriers to marketing their services

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