Amid ongoing concerns being raised over an advisory opinion that would require consultants to inform lobbying regulators when they seek to influence an editorial board’s opinion, the Joint Commission on Public Ethics has released a set of frequently asked questions on the regulation.

The FAQ comes amid blowback from consultant firms — and editorial boards — over the advisory opinion that is aimed at having public relations consultants who engage in “grassroots” lobbying campaigns register as lobbyists with the state.

JCOPE has insisted the regulation is not aimed at having journalists register with the government or have PR representatives divulge conversations with reporters.

Rather, JCOPE’s advisory opinion is aimed having consultants reveal when their effort “controls the delivery” of a clients issue through an editorial board.

From the FAQ:

Does a consultant who communicates with the media have to register as a lobbyist?

Generally, no. However, if a paid consultant “controls the delivery” of a message by encouraging an editorial board to support a position on a specific government action favorable to a client, then the consultant may need to register with the Commission and disclose information about the underlying client relationship. Factual communications with reporters are not covered by this opinion.

The full FAQ on grassroots lobbying can be found here:

FAQsLobbying Advisory16-01_CONSULTANTS_GRASSROOTS.pdf by Nick Reisman