S. 5136: Promoting Authenticity with Influencer Disclaimers Act

This bill would require certain political ads or messages paid for by a political committee to clearly say that they were paid for by that committee when the message is posted by someone on an internet website, web app, or digital app.

What would change

• If a political committee pays for a person to post content online, the post would need a clear and conspicuous disclaimer saying it was paid for by that committee.
• For text, graphic, or video posts, the disclaimer would have to be easy for an average viewer to read.
• For audio-only messages, the disclaimer would have to be spoken clearly and understandably.
• The political committee would also have to tell the person receiving the payment about this disclaimer requirement at the time of payment.

What is excluded

• The rule would not apply to content posted on a political committee’s own website.
• It would also not apply when a compensated employee posts on their own social media account and the only cost is the employee’s paid time.
• However, this employee exception would not apply if that employee’s main job is to post content on their own social media account.

Timing

The Federal Election Commission would have to write regulations for the new rule by January 1, 2027. The disclosure requirements would apply to communications made on or after January 1, 2027, even if the Commission has not yet finished those regulations.

Relevant Companies

• None found