Key facts
- California is considering fining content creators and political committees for failing to disclose paid political advertisements.
- The proposed fines could reach up to $5,000 per violation.
- The state's Fair Political Practices Commission would be empowered to issue these fines.
- This follows a 2023 law that made disclosure mandatory but was difficult to enforce.
- Texas has a similar rule, and New York is considering one.
California is considering implementing fines for content creators and political committees that fail to disclose when creators are paid to post political advertisements. This move aims to enhance transparency in political messaging, particularly as campaigns increasingly leverage social media influencers to reach voters.
The state's current law, passed in 2023, mandates disclosure but is challenging to enforce, often requiring lengthy court orders. To address this, Democratic Assemblymember Marc Berman has introduced a bill that would empower the state's Fair Political Practices Commission to directly issue fines of up to $5,000 per violation, bypassing the court system.
Influencer Shaka Smith shared his experience, noting that he disclosed his payment from Tom Steyer's gubernatorial campaign for his posts. He believes transparency is crucial for maintaining audience trust. However, some creators, like Dustin Torreverde, worry that the proposed penalties could unfairly burden smaller influencers who may struggle with legal costs.
Texas enacted a similar rule in 2024, and New York is also considering such legislation. These efforts come amid concerns about undisclosed political advertising by influencers, with past instances involving campaigns for Senate candidates and the Texas Attorney General facing scrutiny for inadequate disclosures.