California tightens rules on political influencers

Influencers could face fines and other penalties for failing to disclose paid political content under a new California law.

California Governor Gavin Newsom has signed a bill introducing penalties for creators who fail to reveal when they’ve been paid to post political content by a campaign committee.

Assembly Bill 1130, part of a wider package of election-related legislation signed by Newsom on September 19, strengthens an existing requirement covering paid political posts.

California already required people paid by campaign committees to disclose when online content supports or opposes a candidate or ballot measure. However, those who breached the requirement were previously exempt from the administrative, civil and criminal penalties available under the state's Political Reform Act. AB 1130 removes that exemption.

Under the new rules, creators who accept payment from a campaign committee and fail to include the required disclaimer can face penalties. The committee that paid them can also be held jointly liable for civil or administrative penalties. Violations of the Political Reform Act can also be punishable as a misdemeanor.

The law comes as politicians increasingly turn to creators to reach voters online.

Assembly member Marc Berman, who introduced the legislation, said the growing influencer industry has "changed the way candidates communicate with voters."

"As more candidates pay influencers to post content supporting their campaigns, it is imperative that voters have the right to know whether or not that content is organic and authentic or paid political messaging," he said.

The legislation comes amid a broader push in the US to bring greater transparency to political advertising. Texas has disclosure requirements covering paid political advertising online, while lawmakers in New York are considering similar disclosure requirements for political content creators.