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Why It Matters
California is moving toward stricter penalties for social media influencers who fail to disclose when they’re paid to promote political candidates or causes. The proposed legislation would give state regulators the power to levy fines without going to court—a significant shift in how the state enforces political advertising transparency rules that have become increasingly difficult to monitor as campaigns pour money into influencer partnerships.
What Happened
Assemblymember Marc Berman introduced a bill that would allow California’s Fair Political Practices Commission to directly fine influencers and political committees for failing to disclose paid political endorsements. Under the proposal, violators could face penalties up to $5,000 per violation. The measure bypasses the current requirement that the state campaign watchdog seek a court order to enforce disclosure rules.
The push comes as paying content creators to boost candidates has become standard practice in U.S. political campaigns. Campaigns increasingly target smaller creators with fewer than 100,000 followers to reach niche audiences with less scrutiny than traditional advertising.
California already requires influencers to disclose when political committees pay them for posts, a rule passed in 2023. However, the state campaign watchdog has struggled to enforce the requirement without court involvement. Berman stated the obvious rationale: “Voters should have a right to know whether or not campaigns are paying for the messaging that they’re seeing,” according to the Post Register.
Real-World Examples of Non-Disclosure
High-profile cases illustrate why regulators want tighter rules. In 2022, former “Jersey Shore” cast member Nicole “Snooki” Polizzi was paid by John Fetterman’s Senate campaign to record a video attacking his GOP rival—but the payment was not clearly disclosed at the time. Similarly, in 2023, content creators were paid by a conservative-linked agency to defend Texas Attorney General Ken Paxton without transparent payment disclosures.
Shaka Smith, an Instagram creator with 700,000 followers, has acknowledged the problem in his own work. “This is an ad, and honestly, I wish more political content said that first,” Smith told the Post Register, suggesting that clearer labeling would benefit both voters and creators.
A Growing National Trend
California is not alone in addressing the issue. Texas passed a rule in 2024 requiring content creators to include compensation disclaimers on political posts. New York’s Legislature is considering similar disclosure requirements. Efforts in Utah and Georgia to pass comparable disclosure bills have failed in recent years.
At the federal level, U.S. Senator Adam Schiff introduced legislation last month to address the practice, though the bill has not yet been voted on. The timing suggests growing bipartisan concern about campaign spending opacity as the 2028 presidential election approaches.
The Enforcement Challenge
California’s 2023 disclosure law highlighted the difficulty of monitoring influencer payments. The state campaign watchdog currently must pursue court orders to enforce compliance, a time-consuming and resource-intensive process. Berman’s bill would streamline enforcement by giving regulators direct penalty authority, similar to how federal agencies handle other violations.
The proposal reflects a broader acknowledgment that traditional political advertising oversight mechanisms were not designed for the influencer economy, where payments can be made through direct messages, informal agreements, or layered third-party arrangements that are difficult to trace without subpoena power.
What’s Next
The bill remains in the California Legislature for consideration. If passed, it would represent one of the nation’s most aggressive state-level efforts to regulate influencer political spending and could serve as a model for other states wrestling with similar transparency issues.
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