H.R. 9110: Promoting Authenticity with Influencer Disclaimers Act

The "Promoting Authenticity with Influencer Disclaimers Act" proposes to amend the Federal Election Campaign Act of 1971 by implementing new requirements for political communications that involve influencers. Here’s a breakdown of what the bill entails:

Requiring Disclaimers

• When a political committee pays an influencer to promote content online, they must include a clear statement indicating that the communication is funded by that political committee.
• This statement should be clearly visible in:
  • Audiovisual or graphic content: The statement must be legible to an average viewer.
  • Audio-only communications: The statement must be spoken in a clear and understandable way.
• The political committee must inform the influencer of this requirement at the time the payment is made.

Exceptions

• The requirement for a disclaimer does not apply if:
  • The content is posted on the political committee's own website.
  • The content is posted by an employee of the political committee on their personal social media, provided that the only cost incurred is for their time as a staff member.
• However, if the employee's primary job is to share content on their personal account, the rule does apply.

Regulatory Actions

• The Federal Election Commission (FEC) is required to create regulations to implement these changes by January 1, 2027.
• The new rules will take effect for communications made starting January 1, 2027, regardless of whether the FEC has completed the necessary regulations by that date.

Relevant Companies