Berman Bill to Improve Transparency for Social Media Content Paid for By Political Campaigns Headed to Governor

SACRAMENTO, CA - The Legislature unanimously approved AB 1130 by Assemblymember Marc Berman (D-Menlo Park) to increase transparency for social media content that has been paid for by a political campaign.

"Social media and the growing influencer industry have changed the way candidates communicate with voters," said Assemblymember Berman. "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. AB 1130 creates additional transparency for the public by ensuring that influencers clearly disclose if their posts were paid for, and that campaigns disclose all spending on social media influencers."

Under California law, if a political campaign pays a third-party individual to post content - whether it is in support or opposition of a candidate - the individual must put a disclaimer stating they were paid in connection to the post. However, there is no liability, for anyone, for the third-party individual's failure to include the discloser.

AB 1130 would ensure compliance with current law by increasing liability for both third party individuals and political campaigns who fail to include a disclosure in connection with a paid social media post.

Paying social media influencers to post content has become increasingly popular in political campaigns, with some campaigns paying influencers anywhere between $200 and $100,000 to post political content. Most recently, in the California Governor's race, many candidates came under scrutiny for paying individuals to post content and those individuals failing to place a disclaimer in connection with the paid post.

In addition, AB 1130 would also require campaigns to disclose if funds were used specifically for a paid social media post in their campaign expenditure filings.

This legislation, which is supported by the California Fair Political Practices Commission, received unanimous bipartisan support. If signed into law by the Governor, AB 1130 would improve compliance with current law ahead of elections in 2028.

"The FPPC is proud to support AB 1130, which builds on years of work to address the growing use of paid influencers in political campaigns. Californians deserve to know when political content appearing in their feeds has been paid for by a campaign. By adding meaningful enforcement and making influencer payments easier to identify in campaign reports, AB 1130 strengthens transparency and accountability as campaigns embrace new platforms and forms of communication," said Adam E. Silver, Chair of the California Fair Political Practices Commission.

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