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by vt_throwaway123 2860 days ago
IANAL but it seems both from the comments here and common sense that the law only makes ad publishers liable for discriminatory ads, not advertising campaigns that target in a discriminatory way while advertisers are liable for both. Making publishers liable for the latter is also problematic and likely unprecedented because typically publishers do not have this information. Any given publisher only receives some portion of the entire advertising budget for the campaign and cannot possibly know how the rest of the budget is spent and whether the full campaign adds up to being discriminatory.

For example, if you own a newspaper that caters to people of a specific national origin, are you not allowed to accept any housing ads? By definition, any ad placement on that newspaper is discriminatory in terms of targeting - without knowing the full details of the campaign, they cannot verify that the overall targeting is not discriminatory. This means that any law that makes publishers liable must be restricted to the content of the ads and any law that goes after the demographic targeting likely limits liability to the entity - the advertiser or perhaps agencies - who have full control and knowledge of the targeting in question.

Does this make sense?