CHARLOTTE, N.C. -- Political ads have been constant recently.

  • $47 million of political ads have been spent in the Charlotte market, according to the most recent numbers given to us by Borrell Associates
  • One of the reasons candidates don't sue is the line between an ad that is inaccurate and one that is defamatory is blurry
  • Candidates are left to call out lies on their own in debates and campaign rallies

$47 million of political ads have been spent in the Charlotte market, according to the most recent numbers given to us by Borrell Associates. A growing number of them are negative.

That's nothing new but when political ads make claims that are false, who's actually held accountable?

"Candidates almost never take legal action," said New York University Arthur L. Carter Journalism Institute Associate Director Stephen Solomon.

One of the reasons, he says, is the line between an ad that is inaccurate and one that is defamatory is blurry.

"It's so difficult to win a libel suit," Solomon said.

To prove a case of libel, someone must show the false statement was made intentionally and that it actually damaged the person's reputation. And if a person is in the public, like a candidate for political office, it can be even harder to prove a case of libel.

All of this makes for a difficult case and is one why so few cases are brought.

"Even if they do institute a libel suit it can take years to resolve and by that time the election is long past and it doesn't do any good," said Solomon, who teaches classes on the First Amendment.

Candidates are left to call out lies on their own in debates and campaign rallies. Sometimes they even run counter ads calling out the claims.

It leaves the voter in a tough spot.

"You'd like to think people would out ads that were reasonably accurate but this has been a problem for a long time," Solomon said.

Solomon said voters have to do their own research on both sides of the aisle and not take the barrage of commercials on face value.​