California Fines Content Creators for Failing to Disclose Paid Political Posts

• California may fine content creators for failing to disclose paid political posts on social media.
• The state's campaign finance watchdog is investigating several instances where influencers did not clearly disclose they were paid by a political campaign.
• A new bill would give the Fair Political Practices Commission the power to fine influencers and committees if they are found to have violated disclosure laws.
• California's law requiring disclosure was passed in 2023, but enforcing it can be difficult due to the lengthy court process.

The state's campaign watchdog can seek a court order compelling an influencer to disclose that they were paid, but that can take months.

California is cracking down on content creators who fail to disclose paid political posts on social media. The state's campaign finance watchdog is investigating several instances where influencers did not clearly disclose they were paid by a political campaign. One notable case involves Los Angeles-based influencer Shaka Smith, who posted about his support for Tom Steyer in the 2026 governor's race and disclosed that he was paid by Steyer's campaign. However, the state is considering fining people who don't comply with disclosure rules, which are already in place in California. The fines would be imposed by the Fair Political Practices Commission, which would have the power to bypass the court process.

California is one of two states that have passed policies requiring content creators to disclose if they've been paid by a political campaign. The state's law, passed in 2023, requires influencers to clearly state if they were compensated for their posts. However, enforcing this law can be difficult, as the state's campaign watchdog can only seek a court order compelling an influencer to disclose that they were paid. This process can take months, prompting Democratic Assemblymember Marc Berman to write a new bill to penalize content creators and political committees if they fail to comply with disclosure rules.

The issue of transparency in social media advertising has sparked debates about whether disclosure rules for political advertisements should apply to content creators. Campaigns are increasingly working with smaller influencers to reach more tailored audiences, but this has raised questions about the potential for manipulation and lack of transparency. California's move to fine content creators who fail to disclose paid political posts is a significant step in addressing these concerns. The state's campaign finance laws and regulations are designed to promote transparency and accountability, and the fines imposed by the Fair Political Practices Commission would serve as a deterrent to those who don't comply.

California lawyers should watch for potential fines and enforcement actions against clients who fail to disclose paid political content on social media, and advise them to comply with the state's campaign finance laws and regulations.

Source: Original reporting via AP News