New CA law: Paid websites, social media users must disclose campaign contributions, spending.
A New Law in California Requires Transparency in Internet Content During Elections
A bill recently passed in California aims to bring more transparency to the electoral process by requiring Disclaimers on internet platforms such as Facebook, Instagram, TikTok, and X (formerly known as Twitter). The bill, known as Senate Bill 678, was signed into law by Governor Gavin Newsom on September 1.
Senator Tom Umberg, the bill’s author, expressed his gratitude to Governor Newsom, the Fair Political Practices Commission, and his legislative colleagues for recognizing the importance of campaign transparency in the digital age. In a statement to The Epoch Times, Senator Umberg emphasized that Californians deserve transparency in all forms of election communication, including print, television, and digital platforms.
Senate Bill 678 expands the Political Reform Act of 1974, which requires disclosure of campaign contributions and spending. The new law aims to include newer forms of communication, such as websites, social media platforms, and apps, in order to enhance transparency in the electoral process.
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Under the new law, any individual who is paid by a committee to post messages supporting or opposing a candidate must include a Disclaimer indicating their affiliation. This requirement aims to provide voters with a better understanding of the context and motivation behind political endorsements or statements made in opposition.
According to Senator Umberg, the absence of disclosure can mislead voters when posts are not recognized as paid content. The new law suggests specific text for Disclaimers, ensuring that they are easily readable and audible in various forms of content.
Prior to this law, disclosure was only required in campaign contribution documents after the fact, making it difficult for voters to identify affiliations before elections. The bill addresses this issue by mandating concurrent disclosure, ensuring that voters have access to relevant information in a timely manner.
It is important to note that the law does not impose punitive measures or penalties for violations. Instead, it offers injunctive relief to compel compliance from those who fail to respond after being notified of a violation.
Exceptions to the disclosure mandate exist for content posted on accounts controlled by the committee and on their landing pages or websites, as existing law already requires committees to identify their status and state identification number in such cases.
Supporters of the bill include the California Clean Money Campaign, California Common Cause, and the Fair Political Practices Commission, which will oversee its implementation. The California League of Women Voters also expressed their support, emphasizing the importance of voters knowing how campaigns are financed.
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