Bill to ban automated calls killed in committee

BOISE –They may be annoying during dinner, but those automated telephone calls with a recorded voice at the other end are a form of political expression that should be protected, lawmakers said Thursday.

A bill that would have banned the automated telephone messages – or “robocalls” – was killed by the House State Affairs Committee on an 11-6 vote. Opponents said it would infringe on freedom of speech.

“I find these calls as annoying as anybody,” said Rep. Raul Labrador, R-Eagle. But, he added, “I think they are effective, and there is a constitutional right to get your message out.”

The number of robocalls that go out during political campaigns has increased over the past year, said Rep. John Rusche, D-Lewiston, who sponsored the bill. They’re cheap – about 3 to 5 cents a call – and easy to mass distribute, which make them a perfect political advertising tool.

But the calls are often used for negative advertising, which makes them unpopular with voters who don’t like the mudslinging to take place over their tables at dinnertime, Rusche said. His proposal would have allowed the calls if a live operator first obtained approval from the call recipient.

“This is an incredibly popular proposal, and there’s been no opposition expressed to me from the general population,” he said. The bill, HB 75, would “help Idahoans regain control of what is being delivered telephonically to their homes.”

Rusche’s bill also would have banned automated calls from charitable organizations and businesses, but it was primarily targeted at political messaging. Those who do not wish to receive calls from businesses can already place themselves on a national “do not call” list that makes it illegal to contact them.

However, lawmakers who voted against Rusche’s bill said it could move the state down a slippery slope.

Advertising is part of the political process, and groups shouldn’t be barred from expressing their opinions, said John Eaton, a lobbyist with the Idaho Association of Realtors who testified against the bill. The group made about 100,000 robocalls during the November elections in support of Butch Otter.

Rep. Eric Anderson, R-Priest Lake, who voted against the proposal, said he’d had negative advertising directed at him through robocalls during his campaign and that his first thought had been to vote for the ban.

“I had to take a step back and realize it’s not just about me and my experiences,” he said. “It did open up a venue for this organization to express their feelings about a candidate they were not in favor of, and as much as I despised it … we should probably allow freedom of speech to continue.”