Guidance on Advertising

Several of you have asked about a policy on advertising commercial products and services on federal public websites. The Federal Web Managers Council did some research on this issue, and here's some guidance that may help you.

General guidance

For .gov domains: GSA policies clearly prohibit advertising on Federal public websites registered in the .gov domain: "a .gov domain may not be used to advertise for private individuals, firms, or corporations, or imply in any manner that the government endorses or favors any specific commercial product, commodity, or service."
Consult your agency's legal staff to determine what might be considered "advertising," BEFORE you act.
Carefully consider the implications of advertising before you do it. Advertising for private individuals, firms, or corporations can imply that the government endorses or favors a specific commercial product, commodity, or service. Citizens expect their government to be impartial. Businesses and for-profit entities expect to be treated fairly by the government. Endorsing some commercial products and services, while excluding others, constitutes preferential treatment.
Some agencies have been given specific authority to advertise on their websites. A good practice to follow is this: if you don't have specific authority to use your website for advertising, then check with your legal counsel before you do it.
Be sure to review your links routinely to make sure they still work, that they still go where you think they're going, and that they adhere to the practices your agency is using regarding advertising.

Examples of actions that could be viewed as "advertising" and may not be appropriate (again, consult with your legal counsel BEFORE you act):

Displaying the name, logo, product, or service of a non-government entity in exchange for money, services, or other special consideration, including reduced cost for a product or service. For example, "Powered by Company X" or "Web design by Company X."
Linking to external sites that provide a particular commercial product or service. You should ensure that all links to non-government websites further the agency's mission and comply with your agency's linking policy. See OMB requirements regarding external links.

Examples of actions that may be appropriate
(again, consult with your legal counsel BEFORE you act):

Providing information about an organization or individual if your agency has a formal partnership with the organization or individual. (For example, HUD's partnership with FHA lenders and EPA's partnership with companies that meet "Energy Star" product requirements).
Linking to all commercial partners without giving preferential treatment to one partner over another (for example, linking to all HUD-approved FHA lenders).
Posting a disclaimer when linking to websites of private individuals, firms, or corporations or including a general disclaimer in your linking policy. For example: "This link does not constitute an endorsement by the U.S. government or the U.S. Department of X."
Mentioning and linking to free reader software like Adobe or MS Word Readers, since those links are required under Section 508 accessibility requirements. We recommend that these be text links - not the logo of the software.

Page Updated or Reviewed: December 14, 2005