The California Senate passed a bill on Aug. 24 to fine content creators who make paid political content without disclosing the compensation, according to officials. The legislation, authored by Democratic Assemblymember Marc Berman, would allow the state’s Fair Political Practices Commission (FPPC) to impose fines of up to $5,000 per violation on influencers and political committees that fail to include disclaimers on paid political posts.
Under current law, both Texas and California require content creators to include disclaimers on political posts, but enforcement has been slow. The state’s campaign watchdog could previously request that a court compel an influencer to disclose the monetary connection, a process that could take months to reach fruition. Berman’s bill bypasses court involvement, giving the FPPC direct authority to fine violators.
Legislative Process and Next Steps
The bill now returns to the state Assembly for a final vote before being sent to Gov. Gavin Newsom’s desk. According to officials, the governor will have until the end of September to either sign or veto the legislation. If enacted, the measure would represent a significant shift in how California enforces its campaign finance disclosure rules for online political content.
Assemblymember Berman said the legislation is intended to accelerate enforcement of existing disclosure laws for political advertising on social media. “Voters should have a right to know whether or not campaigns are paying for the messaging that they’re seeing,” Berman said last month, according to the news report [1]. The bill is part of a broader effort by state lawmakers to adapt campaign finance regulations to the growing influence of social media content creators in political messaging.
Arguments for the Bill
Supporters of the bill argue that it closes a regulatory gap that allowed influencers to avoid declaring paid political content for months while courts processed complaints. Currently, the FPPC could only pursue enforcement through the court system, a process that critics said was too slow to keep pace with the rapid dissemination of political messages on platforms like Instagram, TikTok and YouTube. By granting the FPPC direct fining authority, the bill aims to streamline enforcement and deter violations before they spread.
Proponents contend that the existing framework, which applies to traditional political advertising such as television and radio spots, has not kept up with the rise of influencer-driven political messaging. Berman’s office has stated that the bill is a necessary update to ensure transparency in political communications, regardless of the medium. Similar arguments have been made at the federal level, where lawmakers have proposed legislation to require disclosure of political compensation for influencers [1].
Concerns from Content Creators
Southern California content creator Dustin Torreverde, who has not been paid for political content, said he believes it is important for influencers to disclose this kind of payment but is concerned the bill could cause an unfair burden for people in his field. “A lot of us are very small creators,” he said. “So if we were to get penalized and we have to get lawyers, stuff like that, it’s going to be very difficult for us,” according to the news report [1].
Critics contend the penalty structure may disproportionately affect independent influencers rather than major campaigns or political committees that have the legal resources to navigate compliance. The bill does not include a tiered penalty system based on the size or revenue of the content creator, raising concerns among some observers that the $5,000 per violation fine could be financially ruinous for smaller operators. These concerns echo broader debates about how government regulations can inadvertently favor well-funded organizations over individuals, a dynamic that has been noted in other regulatory contexts [3].
Related Federal Legislation
The California bill comes about a month after Sen. Adam Schiff (D-Calif.) introduced the Promoting Authenticity with Influencer Disclaimer (PAID) Act, a federal bill to require disclosure of political compensation by influencers. According to Schiff’s office, the legislation would amend the Federal Election Campaign Act to require anyone paid by a political committee or candidate to add a clear disclaimer that they were paid to post the content. The bill has not yet been brought up for a vote.
Rep. Mark Takano (D-Calif.) authored a companion House bill. “Users deserve to know if a creator has been compensated by a campaign to post for them,” Takano said in a statement, as reported by The Epoch Times [1]. The federal legislation would give the Federal Election Commission the authority it has pursued for years, according to officials. These federal efforts, along with the California bill, represent a growing recognition among lawmakers that influencer-driven political messaging requires updated disclosure rules.
Conclusion
The California bill is part of broader efforts to adapt campaign finance rules to the rise of influencer-driven political messaging on social media. As more political communication moves to digital platforms where influencers command large audiences, lawmakers at both the state and federal levels are seeking to apply the same transparency standards that govern traditional advertising.
Observers say the outcome will depend on the governor’s decision and potential legal challenges over free speech and regulatory scope. Similar debates over the balance between transparency and free expression have emerged in other states, as seen with New York’s content moderation disclosure law, which was challenged in court on First Amendment grounds [2]. The final shape of these regulations remains uncertain as the legislative process continues.
References
- Savannah Hulsey Pointer. "California Senate Passes Bill to Fine Influencers Over Undisclosed Paid Political Posts". The Epoch Times. August 25, 2026.
- Laura Harris. "X Corp sues New York over content moderation disclosure law citing First Amendment violations". NaturalNews.com. June 23, 2025.
- Remy Richard C-2. "United States government democracy in action".
Please contact us for more information.