disclosure requirement

WASHINGTON — In the 2024 election, hundreds of social media influencers were credentialed for the first time to attend the Democratic and Republican conventions. They have been invited to holiday parties in the Pennsylvania governor’s mansion, to political rallies in Texas and to events at the White House by both the Biden and Trump administrations.

The role of influencers is surging as candidates and groups across the political spectrum see their social media feeds and personas as a pathway to younger audiences and harder-to-reach groups of voters.

“You have that sense of authenticity, like a friend is talking to you,” said Emma Briant, a professor at Notre Dame University’s Lucy Family Institute for Data & Society who studies propaganda.

That’s exactly what campaigns are hoping to harness when they partner with influencers, she said.

But the nature of that partnership has come into question in California’s hotly contested gubernatorial race after it emerged that a number of content creators — some with millions of followers, others with only a handful — had taken payments from the campaign of Democratic candidate Tom Steyer and not disclosed that they were paid to create those posts.

Some popular content creators have felt the need to explain themselves to their audience. Others have questioned how common such under-the-table payments might be, since there are no disclosure requirements for paid content at the federal level and few jurisdictions have any rules mandating it.

Some campaign finance advocates are concerned that voters could increasingly be influenced by social media posts that they don’t know are sponsored.

“The problem is that it doesn’t look like an ad,” said Saurav Ghosh, a former enforcement attorney at the Federal Election Commission. “It ends up really getting people at a place where they’re not skeptical and not able to tell the difference between what’s voluntary and where the influencer is acting as a paid spokesperson.”

Ghosh is now the director of campaign finance reform at the nonprofit Campaign Legal Center, which has filed a petition asking the FEC to require disclaimers on paid content created by influencers.

Roughly 1 in 5 Americans said they regularly got news from social media influencers in 2024, according to the Pew Research Center, and that number was nearly double for younger adults between the ages of 18 and 29.

Working with social media creators can be an easy way for candidates to try to boost their image, particularly with a younger audience.

“If they don’t have big personalities, maybe partnering with some influencers who seem cool and fun can make you seem cool and fun also through association,” said Link Lauren, a political influencer and podcaster who served as a communications advisor for Robert F. Kennedy Jr.’s presidential campaign in 2024.

California is one of the few places that requires disclosure of sponsored social media posts, but the 2023 law that created those rules hadn’t gotten much of a workout before the issue was raised in this contest through a series of dueling complaints with California’s Fair Political Practices Commission. The commission has yet to weigh in on the various accusations.

Under the law, influencers are required to provide disclosure that a post was sponsored and say who paid for it. Political groups are required to notify paid creators of the requirement.

Even if the commission finds that violations have occurred, the penalties are not especially harsh.

Violation of the law carries no civil, criminal or administrative penalties. The FPPC can take alleged violators to court and ask a judge to force compliance. And violations can be penalized with a fine of up to $5,000 per instance.

Influencers reporting influencers

In the gubernatorial race, the issue of compliance was raised, naturally, by a pair of influencers.

Beatrice Gomberg has built up a following of more than 180,000 followers on TikTok, where she posts under the handle antiplasticlady. Her side gig of creating nonplastic children’s cups and lunch boxes became her main gig after she lost her human resources job at Macy’s during the COVID-19 pandemic.

“I started doing social media because I didn’t want to hire a marketing company,” Gomberg said.

Gomberg’s posts were initially largely focused on research related to plastic, but have become increasingly political over time. When campaigns put out the call for influencers to meet with candidates, Gomberg answered.

She interviewed Katie Porter, she met with Xavier Becerra. And it was at a Becerra event in April when she met Kaitlyn Hennessy, another influencer focused on politics.

They found that the world of online influencers can be isolating. “We stare in front of our phones,” Hennessy said. “You don’t want to see our screen time.”

As they scrolled through social media posts about the governor’s race, they found a cause to unite them.

They kept seeing videos posted by social media accounts espousing similar messages in support of Tom Steyer. Hennessy wondered at first if they were actually created by artificial intelligence.

They found that the posts seemed to be created by a network of women who, in some cases, had created several different profiles to promote a variety of products.

They pored over Steyer’s campaign disclosures and saw that the campaign listed payments to several prominent influencers — including one with the handle Zay Dante, with 1.8 million followers on TikTok — who had not disclosed creating paid content for the campaign.

The pair filed a complaint laying out their allegations, which the Steyer campaign has called “baseless.”

In the wake of their complaint, Steyer defended his campaign’s use of paid influencers, writing on Substack that his campaign believed content creators should be paid for their work and that the campaign had been transparent about disclosing those payments.

In a separate post, influencer Carlos Eduardo Espina said he had been paid $400,000 for work he has done for the Steyer campaign. Espina, who has more than 14 million followers on TikTok, is an advisor to the campaign, which was publicly announced.

“You will never see anything on my channels that I don’t believe in, or that I think goes against the best interest of my community. No one buys my opinion. But I also think it’s fair to be compensated for my work,” he wrote on Substack.

Not everyone is ready to accept payment for posts.

Lauren, the influencer who advised Kennedy’s campaign, said that while he doesn’t begrudge other influencers accepting sponsorship, he chooses not to.

“A passive viewer might think you really believe this,” he said. “I have a strong connection with my audience. I really consider them my family.”

Lauren said he favors disclosure requirements.

Briant, the propaganda researcher, said she is concerned about the possibility of foreign actors trying to influence Americans through paid posts.

In 2024, for example, federal prosecutors filed an indictment alleging that Russian state media employees had paid nearly $10 million to a Tennessee company that paid popular right-wing social media influencers to unwittingly produce pro-Russia content.

Briant said she believes that the only way to counteract increased manipulation through social media influencers is to impose harsh penalties when paid content is not disclosed.

“Ultimately, it’s a wild west at the moment if there are no repercussions for not doing it,” she said.

WASHINGTON — A political influencer has filed a complaint against Tom Steyer’s campaign for governor, saying the committee failed to notify her of disclosure requirements, as required by law, when she was paid to meet with Steyer in March and later produced social media content from the meeting.

What’s more, she said the Steyer campaign falsely accused her of posting paid content in support of Steyer’s chief Democratic rival, Xavier Becerra, and failing to disclose it in a complaint filed by the billionaire’s campaign this week.

Maggie Reed, who regularly posts satirical takes on politics to roughly half a million followers on Instagram and TiKTok under the username mermaidmamamaggie, said she was actually paid by Steyer’s campaign and signed an agreement that barred her from disclosing the payment.

She posted, and later deleted, a video from her meeting with Steyer in March.

“In plain terms: the Committee paid for political content, structured it to look like an ordinary creator’s organic opinion, and used a non-disclosure agreement to keep the public from learning the truth,” says the complaint, filed Thursday with California’s Fair Political Practices Commission.

Steyer’s campaign disclosed in a campaign filing that it had paid the agency that represents Reed $5,000 for digital advertising, but didn’t indicate that the payment was connected to Reed’s meeting with Steyer or her production of content.

The Steyer campaign said that while it did pay to meet with Reed, it left the decision of whether to create content entirely up to her.

Since then, Reed has produced several videos expressing support for Becerra, the former California congressman and U.S. Secretary of Health and Human Services, but she said that she was not paid to produce those videos and that they reflected her genuine support for Becerra’s campaign.

Becerra has been the top Democrat in recent polling in the race, maintaining a narrow edge over Steyer and a firm grip on one of the top two spots in the June 2 primary that would send him to the general election in November.

Reed’s complaint is the latest volley in a back and forth involving the use of paid influencers in the gubernatorial race.

Two influencers who support Becerra — but were not paid by his campaign — filed a complaint last week saying that a number of influencers had created paid content in support of Steyer, but failed to disclose so in their posts.

Steyer’s campaign then filed a complaint earlier this week in which it leveled accusations against Reed and another influencer named Jay Gonzalez, who is now a paid staffer on the Becerra campaign. The complaint alleges that Gonzalez made several pro-Becerra posts after joining the campaign and belatedly amended them to include disclosure that they were sponsored.

The Becerra campaign has maintained that it does not otherwise pay influencers to produce content on its behalf.

Steyer’s complaint included screenshots of an email sent to Reed’s talent agency by a gubernatorial campaign gauging her interest in producing paid content.

While the screenshots produced in Steyer’s complaint did not disclose who had sent the inquiry, Reed said in her complaint that the request had come from a staffer for the gubernatorial campaign of former Los Angeles Mayor and California State Assembly Speaker Antonio Villaraigosa.

Disclosure of paid political content by social media creators is required in California thanks to a law passed in 2023.

Influencers themselves are required to disclose that a post they created was sponsored, but campaigns are required to notify them of the requirement.

Violation of the law doesn’t trigger civil, criminal or administrative penalties, but the FPPC has the right to take violators to court and request that a judge force compliance with the law.

The agreement Reed signed with Steyer’s campaign, which was attached to her complaint, indicated that she needed to follow all applicable state, federal and local laws, but made no specific mention of her requirement to disclose that content she produced was sponsored.

The agreement did specify that Steyer’s campaign might need to disclose the payment.