FTC’s Havas digital-advertising settlement: how the order could change “brand safety” deals tied to politics
The Federal Trade Commission said on June 30, 2026 that a federal judge approved and finalized an order settling FTC allegations against advertising agency Havas Media Group USA LLC. The order runs 10 years and aims to limit certain “brand safety” coordination practices in digital ad buying—especially where decisions track “Covered Bases,” a term the order defines more broadly than politics.
What the FTC says was at issue
In its announcement, the FTC said it reached the settlement to resolve allegations that Havas engaged in unlawful collusion tied to “brand safety” standards across the digital advertising industry. The FTC’s press release says the alleged collusion led to the demonetization of disfavored political viewpoints.
The order has multiple lanes of limits
The proposed order creates different restrictions depending on the situation.
1) Agreements with other ad-buying sellers (content-focused)
One major restriction bars Havas, in connection with its activities, from entering into (or maintaining or enforcing—or threatening to enforce) agreements or understandings with other sellers of “media buying services” that would prohibit, restrict, limit, or impede media-buying business with publishers in the United States with respect to their news and political or social commentary content.
The order also includes a carve-out: the restrictions described in this lane do not apply to certain discussions or agreements between Havas and an advertiser (or vendors acting on the advertiser’s behalf) about how to direct the advertiser’s spend.
2) “Covered Bases” (spend/refusal/deal decisions)
The order then defines “Covered Bases” and ties additional limits to how Havas handles ad spend and dealing decisions when those decisions are based on those Covered Bases.
Under the order, “Covered Bases” include:
- Political or ideological viewpoints, including contested facts characterized with labels like “misinformation,” “disinformation,” “bias,” or similar terms.
- Adherence to journalistic standards or ethics established or set by a third party.
- Commitment or adherence to DEI (diversity, equity, or inclusion), such as diverse ownership or casting.
Based on that definition, the order prohibits Havas from (among other things) directing advertisers’ spend based on Covered Bases, refusing advertisers’ requests to direct spend that way, or declining to deal with advertisers based on Covered Bases—subject to applicable legal requirements.
How the order treats exclusion and inclusion lists
Because “brand safety” systems often use exclusion lists and inclusion lists, the order adds list-specific compliance rules.
It says Havas cannot rely on exclusion lists, inclusion lists, or other means of differentiating among media publishers based on Covered Bases to determine or direct advertising placements.
There’s an important exception: lists developed at an advertiser’s express direction (or by a third party acting on the advertiser’s behalf)—including lists developed on Covered Bases—are “expressly permitted.” But the order also says Havas generally cannot offer a client’s exclusion or inclusion list to another client (or a third party) to the extent that the list was developed on the basis of Covered Bases.
Compliance requirements (what Havas must do next)
The order is also procedural: it requires Havas to build an antitrust compliance program and to report verified compliance to the Commission.
- Within 30 days of entry, Havas must appoint a qualified “Antitrust Compliance Officer,” with the consent of Commission staff.
- Compliance reporting: Havas must file verified written compliance reports—an annual report one year after the order is entered, and then annually for the next four years—plus additional reports if the Commission or its staff requests them.
- Report content: the order says conclusory statements aren’t enough; reports must include enough information for the Commission to determine independently whether Havas is complying.
- Term: the order terminates 10 years from the date it is issued.
What to watch next
For advertisers and agencies, the immediate “watch list” is less about whether brand guidelines exist—and more about how deal workflows, spend direction, and exclusion/inclusion logic get coordinated across the ad-buying chain.
Practically, the biggest compliance signal will be how Havas operationalizes the defined “Covered Bases” concept (including third-party journalistic ethics and DEI-related categories) in contracts, negotiations, and list-handling processes.
Sources
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