AB 2188: Political Reform Act of 1974: campaign disclosures: advertisements.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-26
Existing law, the Political Reform Act of 1974, requires specified disclosures in advertisements regarding the source of the advertisement. The act defines advertisement for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures.
Among other things, the act requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Who funded this ad?, unless including the text would be impracticable, and a hyperlink to an Internet Web site containing specified disclosures regarding who paid for the advertisement. For an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, the act requires the Internet Web site to include only specified disclosures regarding who paid for the advertisement, without exception.
This bill would modify the disclosures required for electronic media advertisements. The bill would require an electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform, as defined, hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to meet the Who funded this ad? disclosure described above. The bill would modify the Who funded this ad? disclosure in various ways, including requiring the disclosure to be made for the duration of the advertisement and allowing the text to be replaced with the phrase Paid for by or Ad Paid for by. The bill would require for an email message or Internet Web site the disclosures to be made at top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable. The bill would require an electronic media advertisement that is disseminated as a video to comply with certain disclosure requirements, and if the video is longer than 30 seconds, the disclosures to be made at the beginning of the advertisement.
The act requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8 point font on the committees profile, landing page, or similar location, and not on each individual post, comment, or other similar communication.
This bill would require the disclosures on the committees profile, landing page, or similar location to be on the cover or header photo of the committees profile, landing page, or similar location and in no less than 10-point font. The bill would require the disclosures to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media. If making the disclosures fully visible on a commonly used electronic device would be impracticable, the bill would require the cover or header photo of the profile, landing page, or similar location to include only a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures.
This bill would require a committee that disseminates an online platform disclosed advertisement, as defined, to expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement under the act and provide the disclosure name, as defined, of the committee. The bill would require an online platform that disseminates a committees online platform disclosed advertisement to display adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored, Paid for by or Ad Paid for by followed by the disclosure name provided by the committee, with certain exceptions. The bill would require an online platform that disseminates committees online platform disclosed advertisements to maintain and make available a record of any advertisement disseminated on the online platform by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. The bill would require an online platform to display a prominent button, icon, tab, or hyperlink that links to a page clearly showing the records of the advertisements. The bill would make a person who intentionally violates these provisions for the purpose of avoiding disclosure liable in a civil or administrative action brought by the Fair Political Practices Commission or any person for a fine up to 3 times the cost of the advertisement, including placement costs.
The act requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
This bill would require an advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate to include specified disclosures regarding who paid for the advertisement.
Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The bill would become operative on January 1, 2020.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, requires specified disclosures in advertisements regarding the source of the advertisement. The act defines advertisement for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures.
Among other things, the act requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Who funded this ad?, unless including the text would be impracticable, and a hyperlink to an Internet Web site containing specified disclosures regarding who paid for the advertisement. For an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, the act requires the Internet Web site to include only specified disclosures regarding who paid for the advertisement, without exception.
This bill would modify the disclosures required for electronic media advertisements. The bill would require an electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform, as defined, hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to meet the Who funded this ad? disclosure described above. The bill would modify the Who funded this ad? disclosure in various ways, including requiring the disclosure to be made for the duration of the advertisement and allowing the text to be replaced with the phrase Paid for by or Ad Paid for by. The bill would require for an email message or Internet Web site the disclosures to be made at top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable. The bill would require an electronic media advertisement that is disseminated as a video to comply with certain disclosure requirements, and if the video is longer than 30 seconds, the disclosures to be made at the beginning of the advertisement.
The act requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8 point font on the committees profile, landing page, or similar location, and not on each individual post, comment, or other similar communication.
This bill would require the disclosures on the committees profile, landing page, or similar location to be on the cover or header photo of the committees profile, landing page, or similar location and in no less than 10-point font. The bill would require the disclosures to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media. If making the disclosures fully visible on a commonly used electronic device would be impracticable, the bill would require the cover or header photo of the profile, landing page, or similar location to include only a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures.
This bill would require a committee that disseminates an online platform disclosed advertisement, as defined, to expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement under the act and provide the disclosure name, as defined, of the committee. The bill would require an online platform that disseminates a committees online platform disclosed advertisement to display adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored, Paid for by or Ad Paid for by followed by the disclosure name provided by the committee, with certain exceptions. The bill would require an online platform that disseminates committees online platform disclosed advertisements to maintain and make available a record of any advertisement disseminated on the online platform by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. The bill would require an online platform to display a prominent button, icon, tab, or hyperlink that links to a page clearly showing the records of the advertisements. The bill would make a person who intentionally violates these provisions for the purpose of avoiding disclosure liable in a civil or administrative action brought by the Fair Political Practices Commission or any person for a fine up to 3 times the cost of the advertisement, including placement costs.
The act requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
This bill would require an advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate to include specified disclosures regarding who paid for the advertisement.
Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The bill would become operative on January 1, 2020.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, requires specified disclosures in advertisements regarding the source of the advertisement. The act defines advertisement for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures.
Among other things, the act requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Who funded this ad?, unless including the text would be impracticable, and a hyperlink to an Internet Web site containing specified disclosures regarding who paid for the advertisement. For an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, the act requires the Internet Web site to include only specified disclosures regarding who paid for the advertisement, without exception.
This bill would exclude an email message from the requirements relating to an electronic media advertisement and, instead, would require an email message that is paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the specified disclosures regarding who paid for the advertisement in the same manner as an Internet Web site. modify the disclosures required for electronic media advertisements. The bill would require an electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform, as defined, hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to meet the Who funded this ad? disclosure described above. The bill would modify the Who funded this ad? disclosure in various ways, including requiring the disclosure to be made for the duration of the advertisement and allowing the text to be replaced with the phrase Paid for by or Ad Paid for by. The bill would require that the for an email message or Internet Web site include the disclosures to be made at top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable. The bill would require an electronic media advertisement that is disseminated as a video to comply with certain disclosure requirements, and if the video is longer than 30 seconds, the disclosures to be made at the beginning of the advertisement.
The act requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8 point font on the committees profile, landing page, or similar location, and not on each individual post, comment, or other similar communication.
This bill would require the disclosures on the committees profile, landing page, or similar location to be on the cover or header photo of the committees profile, landing page, or similar location and in no less than 10 point 10-point font. The bill would require the disclosures to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media. If making the disclosures fully visible on a commonly used electronic device would be impracticable, the bill would require the cover or header photo of the profile, landing page, or similar location to include only a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures.
This bill would require a committee that disseminates an online platform disclosed advertisement, as defined, to expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement under the act and provide the disclosure name, as defined, of the committee. The bill would require an online platform, as defined, platform that disseminates a committees online platform disclosed advertisement to display a hyperlink with the text Who funded this ad?, Paid for by, or Ad Paid for by on an advertisement paid for by a committee that is linked to a specified page containing disclosures regarding who paid for the advertisement. adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored, Paid for by or Ad Paid for by followed by the disclosure name provided by the committee, with certain exceptions. The bill would require an online platform that disseminates committees online platform disclosed advertisements to maintain and make available a complete record of any advertisement disseminated on the online platform by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. The bill would require an online platform to display a prominent button, icon, tab, or hyperlink near the top of a profile, landing page, or similar location of the committee that links to a page clearly showing the records of the advertisements. The bill would make a person who intentionally violates these provisions for the purpose of avoiding disclosure liable in a civil or administrative action brought by the Fair Political Practices Commission or any person for a fine up to 3 times the cost of the advertisement, including placement costs.
The act requires an advertisement paid for by a committee that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate to include a specified disclosure regarding who paid for the advertisement if the advertisement is paid for by an independent expenditure, supporting or opposing a ballot measure, or a radio or television advertisement. The act also requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
This bill would require an advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate to include specified disclosures regarding who paid for the advertisement.
Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The bill would become operative on January 1, 2020.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, requires specified disclosures in advertisements regarding the source of the advertisement. The act defines advertisement for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures. Among
Among other things, the act requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Who funded this ad? ad?, unless including the text would be impracticable, and a hyperlink to an Internet Web site containing specified disclosures. However, the disclosures regarding who paid for the advertisement. For an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, the act requires the Internet Web site to include only specified disclosures regarding who paid for the advertisement, without exception.
This bill would exclude an email message from the requirements relating to an electronic media advertisement and, instead, would require an email message that is paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the specified disclosures regarding who paid for the advertisement in the same manner as an Internet Web site. The bill would require that the email message or Internet Web site include the disclosures at top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable.
The act requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8 point font on the committees profile, landing page, or similar location, and not on each individual post, comment, or other similar communication.
This bill would require the disclosures on the committees profile, landing page, or similar location to be on the cover or header photo of the committees profile, landing page, or similar location and in no less than 10 point font. The bill would require the disclosures to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media. If making the disclosures fully visible on a commonly used electronic device would be impracticable, the bill would require the cover or header photo of the profile, landing page, or similar location to include only a hyperlink to an Internet Web site containing the disclosures.
This bill would require an online platform, as defined, to display a hyperlink with the text Who funded this ad? ad?, Paid for by, or Ad Paid for by on an advertisement paid for by a committee. committee that is linked to a specified page containing disclosures regarding who paid for the advertisement. The bill would require an online platform to maintain and make available a complete record of any request to purchase an advertisement disseminated on the online platform made by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. The bill would require an online platform to display a prominent button, tab, or hyperlink near the top of a profile, landing page, or similar location of the committee that links to a page clearly showing the records of any request made by the committee to purchase an advertisement on the online platform. the advertisements. The bill would make a person who intentionally violates these provisions for the purpose of avoiding disclosure liable in a civil or administrative action brought by the Fair Political Practices Commission or any person for a fine up to 3 times the cost of the advertisement, including placement costs.
The act requires an advertisement paid for by a committee that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate to include a specified disclosure regarding who paid for the advertisement if the advertisement is paid for by an independent expenditure, supporting or opposing a ballot measure, or a radio or television advertisement. The act also requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
This bill would require an electronic media advertisement, other than a mass electronic mailing, advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, candidate to include a specified disclosure disclosures regarding who paid for the advertisement. advertisement.
Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, requires specified disclosures in advertisements regarding the source of the advertisement. The act defines advertisement for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures. Among other things, the act requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Who funded this ad? and a hyperlink to an Internet Web site containing specified disclosures. However, the act requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8 point font on the committees profile, landing page, or similar location, and not on each individual post, comment, or other similar communication.
This bill would require the disclosures on the committees profile, landing page, or similar location to be on the cover or header photo of the committees profile, landing page, or similar location and in no less than 10 point font. The bill would require the disclosures to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
This bill would require an online platform, as defined, to display a hyperlink with the text Who funded this ad? on an advertisement paid for by a committee. The bill would require an online platform to maintain and make available a complete record of any request to purchase an advertisement on the online platform made by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. The bill would require an online platform to display a prominent button, tab, or hyperlink near the top of a profile, landing page, or similar location of the committee that links to a page clearly showing the records of any request made by the committee to purchase an advertisement on the online platform. The bill would make a person who intentionally violates these provisions for the purpose of avoiding disclosure liable in a civil or administrative action brought by the Fair Political Practices Commission or any person for a fine up to 3 times the cost of the advertisement, including placement costs.
The act requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
This bill would require an electronic media advertisement, other than a mass electronic mailing, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, requires specified disclosures in advertisements regarding the source of the advertisement. The act defines advertisement for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures. Among other things, the act requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Who funded this ad? and a hyperlink to an Internet Web site containing specified disclosures. However, the act requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8 point font on the committees profile, landing page, or similar location, and not on each individual post, comment, or other similar communication.
This bill would require the disclosures on the committees profile, landing page, or similar location to be on the cover or header photo of the committees profile, landing page, or similar location and in no less than 10 point font. The bill would require the disclosures to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
This bill would require an online platform, as defined, to display a hyperlink with the text Who funded this ad? on an advertisement paid for by a committee. The bill would require an online platform to maintain and make available a complete record of any request to purchase an advertisement on the online platform made by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. The bill would require an online platform to display a prominent button, tab, or hyperlink near the top of a profile, landing page, or similar location of the committee that links to a page clearly showing the records of any request made by the committee to purchase an advertisement on the online platform. The bill would make a person who intentionally violates these provisions for the purpose of avoiding disclosure liable in a civil or administrative action brought by the Fair Political Practices Commission or any person for a fine up to 3 times the cost of the advertisement, including placement costs.
The act requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
This bill would require an electronic media advertisement, other than a mass electronic mailing, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing and activities. The act defines expenditure as a payment, a forgiveness of a loan, a payment of a loan by a 3rd party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes, and provides that an expenditure is made on the date payment is made or on the date the consideration, if any, is received, whichever is earlier.This bill would make technical, nonsubstantive changes to these provisions.Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing and activities. The act defines expenditure as a payment, a forgiveness of a loan, a payment of a loan by a 3rd party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes, and provides that an expenditure is made on the date payment is made or on the date the consideration, if any, is received, whichever is earlier.
This bill would make technical, nonsubstantive changes to these provisions.
The disclosures described in Sections 84504 to 84504.6, inclusive, supersede the disclosures described in Sections 84502, 84503, and 84506.5, to the extent they conflict.
SEC. 2.Section 84504.3 of the Government Code is amended to read:84504.3.(a)An electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with both of the following:
(1)Include the text Who funded this ad?, Paid for by, or Ad Paid for by in a contrasting color and a font size that is easily readable by the average viewer for the duration of the advertisement.
(2)The text shall be included or displayed as a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8-point font.
(b)Notwithstanding subdivision (a), the text required by paragraph (1) of subdivision (a) is not required if including the language would take up more than one-third of the graphic or image. In those circumstances, the advertisement need only include a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5.
(c)Notwithstanding subdivisions (a) and (b), an email message, or Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 84502, 84503, and 84506.5 printed clearly and legibly in a contrasting color and in no less than 8-point font at the top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable.
(d)An Internet Web site that is linked as provided for in paragraph (2) of subdivision (a) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.
(e)An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclosures in subdivision (a) shall comply with the disclosure requirements for radio advertisements in Section 84504.
(f)An electronic media advertisement that is disseminated as a video shall comply with the disclosure requirements of Sections 84504.1, 84504.4, and 84504.5, depending on the type of committee that paid for it. If the video is longer than 30 seconds, the disclosures required by Sections 84504.1, 84504.4, and 84504.5 shall be made at the beginning of the advertisement.
(g)(1)An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo of the committees profile, landing page, or similar location and shall not be required to include the disclosure required by subdivision (a) on each individual post, comment, or other similar communication. The disclosures specified in this subdivision shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
(2)Notwithstanding paragraph (1), if making the disclosures specified in paragraph (1) fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location need only include a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures specified in paragraph (1).
(h)The disclosures required by this section do not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff time unless the social media account where the content is posted was created only for the purpose of advertisements governed by this title.
SEC. 3.Section 84504.4 of the Government Code is amended to read:84504.4.(a)A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 subject to the following requirements:
(1)In a radio advertisement, the words shall be included at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
(2)In a television advertisement, the words shall appear in writing for at least four seconds with letters in a type size that is greater than or equal to 4 percent of the height of the screen.
(b)An advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 in accordance with subdivision (g) of Section 84504.3.
SEC. 4.Section 84504.6 is added to the Government Code, to read:84504.6.(a)A committee that disseminates an online platform disclosed advertisement shall do all of the following:
(1)Upon requesting the dissemination, expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement as defined in Section 84501.
(2)(A)Provide the online platform with the disclosure name of the committee.
(B)For purposes of this section, disclosure name means the text required by Section 84503, followed by a colon, followed by, surrounded in quotation marks, the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101. If no disclosure text is required by Section 84503, disclosure name means the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.
(C)If the disclosure name changes due to a change in the top contributors or the name of the committee, the committee shall provide the online platform with an updated disclosure name within five business days.
(3)Provide the online platform with the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
(4)Provide the online platform with the name and identification number of the committee that paid for the advertisement.
(b)An online platform that disseminates a committees online platform disclosed advertisement shall do one of the following:
(1)Display Paid for by or Ad Paid for by followed by the disclosure name provided by the committee, easily readable to the average viewer, located adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored. The online platform may display only one hundred or more characters of the disclosure name if it is followed by a ... that is clearly clickable and that links to a page as described in paragraph (3).
(2)The online platform may instead display a hyperlink, icon, button, or tab with the text Who funded this ad?, Paid for by, or Ad Paid for by that is clearly clickable in the same or similar font and in at least the same font size as the online platforms text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored, that links to a page as described in paragraph (3).
(3)Hyperlinks, icons, buttons, or tabs used for the purposes described in paragraphs (1) and (2) shall be linked to the profile or landing page of the committee that paid for the advertisement; to another page to which the average viewer would normally navigate to view additional information about a committee containing the disclosure name in a manner that is easily seen and readable by the average viewer; or to an Internet Web site containing the disclosure required by subdivision (c) of Section 84504.3.
(c)An online platform that disseminates committees online platform disclosed advertisements shall meet all of the following requirements:
(1)Maintain, and make available for online public inspection in a machine readable format, a record of any advertisement disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:
(A)A digital copy of the advertisement.
(B)The approximate number of impressions generated from the advertisement and the date and time that the advertisement was first displayed and last displayed.
(C)Information regarding the range charged or the total amount spent on the advertisement.
(D)The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
(E)The name and identification number of the committee that paid for the advertisement.
(2)The information required under this subdivision shall be made available as soon as practicable and shall be retained by the online platform for no less than four years.
(3)(A) Display a prominent button, icon, tab, or hyperlink with the text View Ads or similar text in one of the following locations: (i) near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page; (ii) on a page that displays the committees profile information or biographical information; (iii) or on a page on which the average viewer would normally navigate to view additional information about a committee.
(B)The button, icon, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by paragraph (1).
(d)An online platform that creates a mechanism for a committee requesting dissemination of an online platform disclosed advertisement to expressly notify the online platform whether the advertisement is an advertisement as defined in Section 84501 and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the committee to the online platform to satisfy the online platforms obligations under subdivisions (b) and (c).
(e)For purposes of this article, the following terms have the following meanings:
(1)Online platform means a public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements directly to advertisers. A public-facing Internet Web site, web application, or digital application is not an online platform for purposes of this article to the extent that it displays advertisements that are sold directly to advertisers through another online platform.
(2)Online platform disclosed advertisement means an electronic media advertisement on an online platform that is not any of the following:
(A)A graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to hyperlink to an Internet Web site.
(B)A video, audio, or email.
SEC. 5.Section 84510 of the Government Code is amended to read:84510.(a)(1)In addition to the remedies provided for in Chapter 11 (commencing with Section 91000), a person who violates Section 84503 or 84506.5 is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(2)Notwithstanding paragraph (1), a person who intentionally violates a provision of Sections 84504 to 84504.3, inclusive, or Section 84504.5 or 84504.6, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(b)The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other person to violate any of the sections described in paragraph (1) or (2) of subdivision (a) or who aids and abets any other person in a violation.
(c)If a judgment is entered against the defendant or defendants in an action brought under this section, the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited in the General Fund of the state. In an action brought by a local civil prosecutor, 50 percent shall be deposited in the account of the agency bringing the action and 50 percent shall be paid to the General Fund of the state.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 7.This act shall become operative on January 1, 2020.
SEC. 8.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
The disclosures described in Sections 84504 to 84504.6, inclusive, supersede the disclosures described in Sections 84502, 84503, and 84506.5, to the extent they conflict.
SEC. 2.Section 84504.3 of the Government Code is amended to read:84504.3.(a)An electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with both of the following:
(1)Include the text Who funded this ad?, Paid for by, or Ad Paid for by in a contrasting color and a font size that is easily readable by the average viewer for the duration of the advertisement.
(2)The text shall be included or displayed as a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8-point font.
(b)Notwithstanding subdivision (a), the text required by paragraph (1) of subdivision (a) is not required if including the language would take up more than one-third of the graphic or image. In those circumstances, the advertisement need only include a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5.
(c)Notwithstanding subdivisions (a) and (b), an email message, or Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 84502, 84503, and 84506.5 printed clearly and legibly in a contrasting color and in no less than 8-point font at the top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable.
(d)An Internet Web site that is linked as provided for in paragraph (2) of subdivision (a) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.
(e)An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclosures in subdivision (a) shall comply with the disclosure requirements for radio advertisements in Section 84504.
(f)An electronic media advertisement that is disseminated as a video shall comply with the disclosure requirements of Sections 84504.1, 84504.4, and 84504.5, depending on the type of committee that paid for it. If the video is longer than 30 seconds, the disclosures required by Sections 84504.1, 84504.4, and 84504.5 shall be made at the beginning of the advertisement.
(g)(1)An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo of the committees profile, landing page, or similar location and shall not be required to include the disclosure required by subdivision (a) on each individual post, comment, or other similar communication. The disclosures specified in this subdivision shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
(2)Notwithstanding paragraph (1), if making the disclosures specified in paragraph (1) fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location need only include a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures specified in paragraph (1).
(h)The disclosures required by this section do not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff time unless the social media account where the content is posted was created only for the purpose of advertisements governed by this title.
SEC. 3.Section 84504.4 of the Government Code is amended to read:84504.4.(a)A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 subject to the following requirements:
(1)In a radio advertisement, the words shall be included at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
(2)In a television advertisement, the words shall appear in writing for at least four seconds with letters in a type size that is greater than or equal to 4 percent of the height of the screen.
(b)An advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 in accordance with subdivision (g) of Section 84504.3.
SEC. 4.Section 84504.6 is added to the Government Code, to read:84504.6.(a)A committee that disseminates an online platform disclosed advertisement shall do all of the following:
(1)Upon requesting the dissemination, expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement as defined in Section 84501.
(2)(A)Provide the online platform with the disclosure name of the committee.
(B)For purposes of this section, disclosure name means the text required by Section 84503, followed by a colon, followed by, surrounded in quotation marks, the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101. If no disclosure text is required by Section 84503, disclosure name means the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.
(C)If the disclosure name changes due to a change in the top contributors or the name of the committee, the committee shall provide the online platform with an updated disclosure name within five business days.
(3)Provide the online platform with the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
(4)Provide the online platform with the name and identification number of the committee that paid for the advertisement.
(b)An online platform that disseminates a committees online platform disclosed advertisement shall do one of the following:
(1)Display Paid for by or Ad Paid for by followed by the disclosure name provided by the committee, easily readable to the average viewer, located adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored. The online platform may display only one hundred or more characters of the disclosure name if it is followed by a ... that is clearly clickable and that links to a page as described in paragraph (3).
(2)The online platform may instead display a hyperlink, icon, button, or tab with the text Who funded this ad?, Paid for by, or Ad Paid for by that is clearly clickable in the same or similar font and in at least the same font size as the online platforms text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored, that links to a page as described in paragraph (3).
(3)Hyperlinks, icons, buttons, or tabs used for the purposes described in paragraphs (1) and (2) shall be linked to the profile or landing page of the committee that paid for the advertisement; to another page to which the average viewer would normally navigate to view additional information about a committee containing the disclosure name in a manner that is easily seen and readable by the average viewer; or to an Internet Web site containing the disclosure required by subdivision (c) of Section 84504.3.
(c)An online platform that disseminates committees online platform disclosed advertisements shall meet all of the following requirements:
(1)Maintain, and make available for online public inspection in a machine readable format, a record of any advertisement disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:
(A)A digital copy of the advertisement.
(B)The approximate number of impressions generated from the advertisement and the date and time that the advertisement was first displayed and last displayed.
(C)Information regarding the range charged or the total amount spent on the advertisement.
(D)The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
(E)The name and identification number of the committee that paid for the advertisement.
(2)The information required under this subdivision shall be made available as soon as practicable and shall be retained by the online platform for no less than four years.
(3)(A) Display a prominent button, icon, tab, or hyperlink with the text View Ads or similar text in one of the following locations: (i) near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page; (ii) on a page that displays the committees profile information or biographical information; (iii) or on a page on which the average viewer would normally navigate to view additional information about a committee.
(B)The button, icon, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by paragraph (1).
(d)An online platform that creates a mechanism for a committee requesting dissemination of an online platform disclosed advertisement to expressly notify the online platform whether the advertisement is an advertisement as defined in Section 84501 and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the committee to the online platform to satisfy the online platforms obligations under subdivisions (b) and (c).
(e)For purposes of this article, the following terms have the following meanings:
(1)Online platform means a public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements directly to advertisers. A public-facing Internet Web site, web application, or digital application is not an online platform for purposes of this article to the extent that it displays advertisements that are sold directly to advertisers through another online platform.
(2)Online platform disclosed advertisement means an electronic media advertisement on an online platform that is not any of the following:
(A)A graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to hyperlink to an Internet Web site.
(B)A video, audio, or email.
SEC. 5.Section 84510 of the Government Code is amended to read:84510.(a)(1)In addition to the remedies provided for in Chapter 11 (commencing with Section 91000), a person who violates Section 84503 or 84506.5 is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(2)Notwithstanding paragraph (1), a person who intentionally violates a provision of Sections 84504 to 84504.3, inclusive, or Section 84504.5 or 84504.6, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(b)The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other person to violate any of the sections described in paragraph (1) or (2) of subdivision (a) or who aids and abets any other person in a violation.
(c)If a judgment is entered against the defendant or defendants in an action brought under this section, the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited in the General Fund of the state. In an action brought by a local civil prosecutor, 50 percent shall be deposited in the account of the agency bringing the action and 50 percent shall be paid to the General Fund of the state.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 7.This act shall become operative on January 1, 2020.
SEC. 8.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
The disclosures described in Sections 84504 to 84504.6, inclusive, supersede the disclosures described in Sections 84502, 84503, and 84506.5, to the extent they conflict.
SEC. 2.Section 84504.3 of the Government Code is amended to read:84504.3.(a)An electronic media advertisement, other than an email message, Internet Web site, or an advertisement on an online platform that includes the disclosure required by Section 84504.6, advertisement that is a graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with both of the following:
(1)Include the text Who funded this ad? ad?, Paid for by, or Ad Paid for by in a contrasting color and a font size that is easily readable by the average viewer for the duration of the advertisement.
(2)The text shall be included or displayed as a hyperlink hyperlink, icon, button, or tab to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8 point 8-point font.
(b)Notwithstanding subdivision (a), the text required by paragraph (1) of subdivision (a) is not required if including the language would be impracticable. take up more than one-third of the graphic or image. In those circumstances, the advertisement need only include a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5.
(c)Notwithstanding subdivisions (a) and (b), an email message, or Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 84502, 84503, and 84506.5 printed clearly and legibly in a contrasting color and in no less than 8 point 8-point font at the top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable.
(d)An Internet Web site that is hyperlinked linked as provided for in paragraph (2) of subdivision (a) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.
(e)An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclosures in subdivision (a) shall comply with the disclosure requirements for radio advertisements in Section 84504.
(f)An electronic media advertisement that is disseminated as a video shall comply with the disclosure requirements of Sections 84504.1, 84504.4, and 84504.5, depending on the type of committee that paid for it. If the video is longer than 30 seconds, the disclosures required by Sections 84504.1, 84504.4, and 84504.5 shall be made at the beginning of the advertisement.
(f)(g)(1)An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color that is easily readable by the average viewer and in no less than 10 point 10-point font on the cover or header photo of the committees profile, landing page, or similar location and shall not be required to include the disclosure required by subdivision (a) on each individual post, comment, or other similar communication. The disclosures specified in this subdivision shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
(2)Notwithstanding paragraph (1), if making the disclosures specified in paragraph (1) fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location need only include a hyperlink hyperlink, icon, button, or tab to an Internet Web site containing the disclosures specified in paragraph (1).
(g)(h)The disclosures required by this section do not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff time unless the social media account where the content is posted was created only for the purpose of advertisements governed by this title.
SEC. 3.Section 84504.4 of the Government Code is amended to read:84504.4.(a)A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 subject to the following requirements:
(1)In a radio advertisement, the words shall be included at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
(2)In a television advertisement, the words shall appear in writing for at least four seconds with letters in a type size that is greater than or equal to 4 percent of the height of the screen.
(b)An advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 in accordance with subdivision (f) (g) of Section 84504.3.
SEC. 4.Section 84504.6 is added to the Government Code, to read:84504.6.(a)An online platform shall do all of the following:(1)(A)Display a hyperlink with the text Who funded this ad?, Paid for by, or Ad Paid for by on an advertisement paid for by a committee. The hyperlink shall be all of the following:(i)In the same or similar font and in at least the same font size as the online platforms text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored.(ii)Located adjacent to the text stating that the advertisement is an advertisement or is promoted or sponsored.(iii)Clearly clickable.(iv)Linked to the profile or landing page of the committee that paid for the advertisement; to another page to which the average viewer would normally navigate to view additional information about a committee containing the disclosures required by Sections 84502, 84503, and 84506.5 in a manner that is easily seen and readable by the average viewer; or to an Internet Web site containing the disclosure required by subdivision (c) of Section 84504.3.(B)Notwithstanding subparagraph (A), the text required by subparagraph (A) is not required if including the text would be impracticable. In those circumstances, the advertisement need only include a hyperlink to the profile or landing page of the committee that paid for the advertisement, or to an Internet Web site containing the disclosures required by subdivision (c) of Section 84504.3.(2)(A)Maintain, and make available for online public inspection in machine readable format, a complete record of any advertisement disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:(i)A digital copy of the advertisement.(ii)A description of the audience reached by the advertisement, the approximate number of views generated from the advertisement, and the date and time that the advertisement was first displayed and last displayed.(iii)Information regarding the average rate charged for the advertisement.(iv)The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable and whether the advertisement is in support of or opposition to the candidate or the ballot measure to which the advertisement refers.(v)The name and identification number of the committee that paid for the advertisement.(B)The information required under this paragraph shall be made available as soon as possible and shall be retained by the online platform for no less than four years.(3)(A)Display a prominent button, tab, or hyperlink with the text View Ads or similar text in one of the following locations: (i) near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page; (ii) on a page that displays the committees profile information or biographical information; (iii) or on a page on which the average viewer would normally navigate to view additional information about a committee.(B)The button, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by paragraph (2).(b)(1)A committee that disseminates an advertisement on an online platform, upon requesting the dissemination, shall expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement as defined in subdivision (a) of Section 84501.(2)A committee that disseminates an advertisement on an online platform shall provide the online platform with all information necessary for the online platform to comply with the requirements of this section.(3)An online platform that creates a mechanism for a committee requesting dissemination of an advertisement to expressly notify the online platform if the advertisement is an advertisement as defined in subdivision (a) of Section 84501 and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the committee to the online platform to satisfy the online platforms obligations under subdivision (a).(c)For purposes of this section, online platform means a public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements directly to advertisers. A public-facing Internet Web site, web application, or digital application is not an online platform for purposes of this section if it only displays advertisements that are sold directly to advertisers through another online platform.SEC. 4.Section 84504.6 is added to the Government Code, to read:84504.6.(a)A committee that disseminates an online platform disclosed advertisement shall do all of the following:
(1)Upon requesting the dissemination, expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement as defined in Section 84501.
(2)(A)Provide the online platform with the disclosure name of the committee.
(B)For purposes of this section, disclosure name means the text required by Section 84503, followed by a colon, followed by, surrounded in quotation marks, the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101. If no disclosure text is required by Section 84503, disclosure name means the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.
(C)If the disclosure name changes due to a change in the top contributors or the name of the committee, the committee shall provide the online platform with an updated disclosure name within five business days.
(3)Provide the online platform with the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
(4)Provide the online platform with the name and identification number of the committee that paid for the advertisement.
(b)An online platform that disseminates a committees online platform disclosed advertisement shall do one of the following:
(1)Display Paid for by or Ad Paid for by followed by the disclosure name provided by the committee, easily readable to the average viewer, located adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored. The online platform may display only one hundred or more characters of the disclosure name if it is followed by a ... that is clearly clickable and that links to a page as described in paragraph (3).
(2)The online platform may instead display a hyperlink, icon, button, or tab with the text Who funded this ad?, Paid for by, or Ad Paid for by that is clearly clickable in the same or similar font and in at least the same font size as the online platforms text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored, that links to a page as described in paragraph (3).
(3)Hyperlinks, icons, buttons, or tabs used for the purposes described in paragraphs (1) and (2) shall be linked to the profile or landing page of the committee that paid for the advertisement; to another page to which the average viewer would normally navigate to view additional information about a committee containing the disclosure name in a manner that is easily seen and readable by the average viewer; or to an Internet Web site containing the disclosure required by subdivision (c) of Section 84504.3.
(c)An online platform that disseminates committees online platform disclosed advertisements shall meet all of the following requirements:
(1)Maintain, and make available for online public inspection in a machine readable format, a record of any advertisement disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:
(A)A digital copy of the advertisement.
(B)The approximate number of impressions generated from the advertisement and the date and time that the advertisement was first displayed and last displayed.
(C)Information regarding the range charged or the total amount spent on the advertisement.
(D)The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, or number or letter of the ballot measure and the jurisdiction to which the advertisement refers.
(E)The name and identification number of the committee that paid for the advertisement.
(2)The information required under this subdivision shall be made available as soon as practicable and shall be retained by the online platform for no less than four years.
(3)(A) Display a prominent button, icon, tab, or hyperlink with the text View Ads or similar text in one of the following locations: (i) near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page; (ii) on a page that displays the committees profile information or biographical information; (iii) or on a page on which the average viewer would normally navigate to view additional information about a committee.
(B)The button, icon, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by paragraph (1).
(d)An online platform that creates a mechanism for a committee requesting dissemination of an online platform disclosed advertisement to expressly notify the online platform whether the advertisement is an advertisement as defined in Section 84501 and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the committee to the online platform to satisfy the online platforms obligations under subdivisions (b) and (c).
(e)For purposes of this article, the following terms have the following meanings:
(1)Online platform means a public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements directly to advertisers. A public-facing Internet Web site, web application, or digital application is not an online platform for purposes of this article to the extent that it displays advertisements that are sold directly to advertisers through another online platform.
(2)Online platform disclosed advertisement means an electronic media advertisement on an online platform that is not any of the following:
(A)A graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to hyperlink to an Internet Web site.
(B)A video, audio, or email.
SEC. 5.Section 84510 of the Government Code is amended to read:84510.(a)(1)In addition to the remedies provided for in Chapter 11 (commencing with Section 91000), a person who violates Section 84503 or 84506.5 is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(2)Notwithstanding paragraph (1), a person who intentionally violates a provision of Sections 84504 to 84504.3, inclusive, or Section 84504.5 or 84504.6, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(b)The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other person to violate any of the sections described in paragraph (1) or (2) of subdivision (a) or who aids and abets any other person in a violation.
(c)If a judgment is entered against the defendant or defendants in an action brought under this section, the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited in the General Fund of the state. In an action brought by a local civil prosecutor, 50 percent shall be deposited in the account of the agency bringing the action and 50 percent shall be paid to the General Fund of the state.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 7.This act shall become operative on January 1, 2020.
SEC. 7.SEC. 8.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
(a)(1)Any An advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Paid for by by, or similar words as prescribed in this article, followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.
(2)Any An advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Paid for by by, or similar words as prescribed in this article, followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:
(A)Paid for by an independent expenditure.
(B)An advertisement supporting or opposing a ballot measure.
(C)A radio or television advertisement.
(D)An advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media.
(b)Any An advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.
SECTION 1.SEC. 2.Section 84504.3 of the Government Code is amended to read:84504.3.(a)An electronic media advertisement, other than an email message, Internet Web site, or an advertisement on an online platform that includes the disclosure required by Section 84504.6, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with both of the following:
(1)Include the text Who funded this ad? in a contrasting color and a font size that is easily readable by the average viewer.
(2)The text shall be a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8 point font.
(b)Notwithstanding subdivision (a), the text required by paragraph (1) of subdivision (a) is not required if including the language would be impracticable. In such circumstances those circumstances, the advertisement need only include a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5.
(c)Notwithstanding subdivisions (a) and (b), an email message, or Internet Web site site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 84502, 84503, and 84506.5 printed clearly and legibly in a contrasting color and in no less than 8 point font. font at the top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable.
(d)An Internet Web site that is hyperlinked as provided for in paragraph (2) of subdivision (a) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.
(e)An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclaimers disclosures in subdivision (a) shall comply with the disclaimer disclosure requirements for radio advertisements in Section 84504.
(f)(1)An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color that is easily readable by the average viewer and in no less than 10 point font on the cover or header photo of the committees profile, landing page, or similar location and shall not be required to include the disclaimer disclosure required by subdivision (a) on each individual post, comment, or other similar communication. The disclosures specified in this subdivision shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
(2)Notwithstanding paragraph (1), if making the disclosures specified in paragraph (1) fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location need only include a hyperlink to an Internet Web site containing the disclosures specified in paragraph (1).
(g)The disclaimer disclosures required by this section does do not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff time unless the social media account where the content is posted was created only for the purpose of advertisements governed by this title.
SEC. 2.SEC. 3.Section 84504.4 of the Government Code is amended to read:84504.4.(a)A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 subject to the following requirements:
(1)In a radio advertisement, the words shall be included at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
(2)In a television advertisement, the words shall appear in writing for at least four seconds with letters in a type size that is greater than or equal to 4 percent of the height of the screen.
(b)An electronic media advertisement, other than a mass electronic mailing as defined in Section 84305, advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by subdivision (f) of Section 84504.3 in the advertisement. Section 84502 in accordance with subdivision (f) of Section 84504.3.
SEC. 3.SEC. 4.Section 84504.6 is added to the Government Code, to read:84504.6.(a)An online platform shall do all of the following:
(1)(A)Display a hyperlink with the text Who funded this ad? ad?, Paid for by, or Ad Paid for by on an advertisement paid for by a committee. The hyperlink shall be all of the following:
(A)(i)In the same or similar font and in at least the same font size, which shall be no less than 8 point font, size as the online platforms text text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored.
(B)(ii)Located adjacent to the text stating that the advertisement is an advertisement or is promoted or sponsored.
(C)(iii)Clearly clickable.
(D)(iv)Linked to the profile or landing page of the committee that paid for the advertisement, advertisement; to another page to which the average viewer would normally navigate to view additional information about a committee containing the disclosures required by Sections 84502, 84503, and 84506.5 in a manner that is easily seen and readable by the average viewer; or to an Internet Web site containing the disclosure required by subdivision (c) of Section 84504.3.
(B)Notwithstanding subparagraph (A), the text required by subparagraph (A) is not required if including the text would be impracticable. In those circumstances, the advertisement need only include a hyperlink to the profile or landing page of the committee that paid for the advertisement, or to an Internet Web site containing the disclosures required by subdivision (c) of Section 84504.3.
(2)(A)Maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on the online platform an advertisement that is made disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:
(i)A digital copy of the advertisement.
(ii)A description of the audience targeted reached by the advertisement, the approximate number of views generated from the advertisement, and the date and time that the advertisement was first displayed and last displayed.
(iii)Information regarding the average rate charged for the advertisement.
(iv)The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable and whether the advertisement is in support of or opposition to the candidate or the ballot measure to which the advertisement refers.
(v)The name and identification number of the committee that paid for the advertisement.
(B)The information required under this paragraph shall be made available as soon as possible and shall be retained by the online platform for no less than four years.
(3)(A)Display a prominent button, tab, or hyperlink with the text View Ads or similar text in one of the following locations: (i) near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page. page; (ii) on a page that displays the committees profile information or biographical information; (iii) or on a page on which the average viewer would normally navigate to view additional information about a committee. The
(B)The button, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by paragraph (2).
(b)(1)A committee that requests to purchase an disseminates an advertisement on an online platform, upon requesting the dissemination, shall expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement as defined in subdivision (a) of Section 84501.
(2)A committee that disseminates an advertisement on an online platform shall provide the online platform with all information necessary for the online platform to comply with the requirements of this section.
(3)An online platform that creates a mechanism for a committee requesting dissemination of an advertisement to expressly notify the online platform if the advertisement is an advertisement as defined in subdivision (a) of Section 84501 and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the committee to the online platform to satisfy the online platforms obligations under subdivision (a).
(c)For purposes of this section, an online platform online platform means a public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, which that sells advertisements and has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. directly to advertisers. A public-facing Internet Web site, web application, or digital application is not an online platform for purposes of this section if it only displays advertisements that are sold directly to advertisers through another online platform.
SEC. 4.SEC. 5.Section 84510 of the Government Code is amended to read:84510.(a)(1)In addition to the remedies provided for in Chapter 11 (commencing with Section 91000), a person who violates Section 84503 or 84506.5 is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(2)Notwithstanding paragraph (1), a person who intentionally violates a provision of Sections 84504 to 84504.3, inclusive, or Section 84504.5 or 84504.6, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(b)The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other person to violate any of the sections described in paragraph (1) or (2) of subdivision (a) or who aids and abets any other person in a violation.
(c)If a judgment is entered against the defendant or defendants in an action brought under this section, the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited in the General Fund of the state. In an action brought by a local civil prosecutor, 50 percent shall be deposited in the account of the agency bringing the action and 50 percent shall be paid to the General Fund of the state.
SEC. 5.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.SEC. 7.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
(a)An electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with both of the following:
(1)Include the text Who funded this ad? in a contrasting color and a font size that is easily readable by the average viewer.
(2)The text shall be a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8 point font.
(b)Notwithstanding subdivision (a), the text required by paragraph (1) of subdivision (a) is not required if including the language would be impracticable. In such circumstances the advertisement need only include a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5.
(c)Notwithstanding subdivisions (a) and (b), an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8 point font.
(d)An Internet Web site that is hyperlinked as provided for in paragraph (2) of subdivision (a) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.
(e)An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclaimers in subdivision (a) shall comply with the disclaimer requirements for radio advertisements in Section 84504.
(f)An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color that is easily readable by the average viewer and in no less than 10 point font on the cover or header photo of the committees profile, landing page, or similar location and shall not be required to include the disclaimer required by subdivision (a) on each individual post, comment, or other similar communication. The disclosures specified in this subdivision shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
(g)The disclaimer required by this section does not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff time unless the social media account where the content is posted was created only for the purpose of advertisements governed by this title.
SEC. 2.Section 84504.4 of the Government Code is amended to read:84504.4.(a)A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 subject to the following requirements:
(1)In a radio advertisement, the words shall be included at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
(2)In a television advertisement, the words shall appear in writing for at least four seconds with letters in a type size that is greater than or equal to 4 percent of the height of the screen.
(b)An electronic media advertisement, other than a mass electronic mailing as defined in Section 84305, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by subdivision (f) of Section 84504.3 in the advertisement.
SEC. 3.Section 84504.6 is added to the Government Code, to read:84504.6.(a)An online platform shall do all of the following:
(1)Display a hyperlink with the text Who funded this ad? on an advertisement paid for by a committee. The hyperlink shall be all of the following:
(A)In the same font and in the same font size, which shall be no less than 8 point font, as the online platforms text stating that the advertisement is an advertisement or is promoted or sponsored.
(B)Located adjacent to the text stating that the advertisement is an advertisement or is promoted or sponsored.
(C)Clearly clickable.
(D)Linked to the profile or landing page of the committee that paid for the advertisement. advertisement, or to an Internet Web site containing the disclosure required by subdivision (c) of Section 84504.3.
(2)(A)Maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on the online platform an advertisement that is made by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:
(i)A digital copy of the advertisement.
(ii)A description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement was first displayed and last displayed.
(iii)Information regarding the average rate charged for the advertisement.
(iv)The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable and whether the advertisement is in support of or opposition to the candidate or the ballot measure to which the advertisement refers.
(v)The name and identification number of the committee that paid for the advertisement.
(B)The information required under this paragraph shall be made available as soon as possible and shall be retained by the online platform for no less than four years.
(3)Display a prominent button, tab, or hyperlink with the text View Ads near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page. The button, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by paragraph (2).
(b)A committee that requests to purchase an advertisement on an online platform shall provide the online platform with all information necessary for the online platform to comply with the requirements of this section.
(c)For purposes of this section, an online platform means a public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, which sells advertisements and has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.
SEC. 4.Section 84510 of the Government Code is amended to read:84510.(a)(1)In addition to the remedies provided for in Chapter 11 (commencing with Section 91000), a person who violates Section 84503 or 84506.5 is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(2)Notwithstanding paragraph (1), a person who intentionally violates a provision of Sections 84504 to 84504.3, inclusive, or Section 84504.5 or 84504.6, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(b)The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other person to violate any of the sections described in paragraph (1) or (2) of subdivision (a) or who aids and abets any other person in a violation.
(c)If a judgment is entered against the defendant or defendants in an action brought under this section, the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited in the General Fund of the state. In an action brought by a local civil prosecutor, 50 percent shall be deposited in the account of the agency bringing the action and 50 percent shall be paid to the General Fund of the state.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
(a)An electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with both of the following:
(1)Include the text Who funded this ad? in a contrasting color and a font size that is easily readable by the average viewer.
(2)Such The text shall be a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8 point font.
(b)Notwithstanding subdivision (a), the text required by paragraph (1) of subdivision (a) is not required if including the language would be impracticable. In such circumstances the advertisement need only include a hyperlink to an Internet Web site containing the disclosures required by Sections 84502, 84503, and 84506.5.
(c)Notwithstanding subdivisions (a) and (b), an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color and in no less than 8 point font.
(d)An Internet Web site that is hyperlinked as provided for in paragraph (2) of subdivision (a) shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted upon.
(e)An advertisement made via a form of electronic media that is audio only and therefore cannot include either of the disclaimers in subdivision (a) shall comply with the disclaimer requirements for radio advertisements in Section 84504.
(f)An advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 84502, 84503, and 84506.5 in a contrasting color that is easily readable by the average viewer and in no less than 8 10 point font on the cover or header photo of the committees profile, landing page, or similar location and shall not be required to include the disclaimer required by subdivision (a) on each individual post, comment, or other similar communication. The disclosures specified in this subdivision shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media.
(g)The disclaimer required by this section does not apply to advertisements made via social media for which the only expense or cost of the communication is compensated staff time unless the social media account where the content is posted was created only for the purpose of advertisements governed by this title.
SEC. 2.Section 84504.4 of the Government Code is amended to read:84504.4.(a)A radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by Section 84502 subject to the following requirements:
(a)(1)In a radio advertisement, the words shall be included at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.
(b)(2)In a television advertisement, the words shall appear in writing for at least four seconds with letters in a type size that is greater than or equal to 4 percent of the height of the screen.
(b)An electronic media advertisement, other than a mass electronic mailing as defined in Section 84305, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, shall include the disclosure required by subdivision (f) of Section 84504.3 in the advertisement.
SEC. 3.Section 84504.6 is added to the Government Code, to read:84504.6.(a)An online platform shall do all of the following:
(1)Display a hyperlink with the text Who funded this ad? on an advertisement paid for by a committee. The hyperlink shall be all of the following:
(A)In the same font and in the same font size, which shall be no less than 8 point font, as the online platforms text stating that the advertisement is promoted or sponsored.
(B)Located adjacent to the text stating that the advertisement is promoted or sponsored.
(C)Clearly clickable.
(D)Linked to the profile or landing page of the committee that paid for the advertisement.
(2)(A)Maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on the online platform an advertisement that is made by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Each record shall contain all of the following:
(i)A digital copy of the advertisement.
(ii)A description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement was first displayed and last displayed.
(iii)Information regarding the average rate charged for the advertisement.
(iv)The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable and whether the advertisement is in support of or opposition to the candidate or the ballot measure to which the advertisement refers.
(v)The name and identification number of the committee that paid for the advertisement.
(B)The information required under this paragraph shall be made available as soon as possible and shall be retained by the online platform for no less than four years.
(3)Display a prominent button, tab, or hyperlink with the text View Ads near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it upon viewing that page. The button, tab, or hyperlink shall link to a page clearly showing all of the advertisement records required by paragraph (2).
(b)A committee that requests to purchase an advertisement on an online platform shall provide the online platform with all information necessary for the online platform to comply with the requirements of this section.
(c)For purposes of this section, an online platform means a public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, which sells advertisements and has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.
SEC. 4.Section 84510 of the Government Code is amended to read:84510.(a)(1)In addition to the remedies provided for in Chapter 11 (commencing with Section 91000) of this title, any 91000), a person who violates Section 84503 or 84506.5 is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(2)Notwithstanding paragraph (1), any a person who intentionally violates any a provision of Sections 84504 to 84504.3, inclusive, or Section 84504.5, 84504.5 or 84504.6, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Commission or any person for a fine up to three times the cost of the advertisement, including placement costs.
(b)The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other person to violate any of the sections described in paragraph (1) or (2) of subdivision (a) or who aids and abets any other person in a violation.
(c)If a judgment is entered against the defendant or defendants in an action brought under this section, the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited in the General Fund of the state. In an action brought by a local civil prosecutor, 50 percent shall be deposited in the account of the agency bringing the action and 50 percent shall be paid to the General Fund of the state.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SECTION 1.Section 82025 of the Government Code is amended to read:82025.(a)Expenditure means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. Expenditure does not include a candidates use of his or her own money to pay for either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code. An expenditure is made on the earlier of the date the payment is made or on the date consideration, if any, is received.(b)A payment is made for political purposes if it is any of the following:(1)For purposes of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or candidates, or the qualification or passage of any measure.(2)Made by any of the following:(A)A candidate, unless it is clear from surrounding circumstances that the payment was made for personal purposes unrelated to his or her candidacy or status as an officeholder.(B)A controlled committee.(C)An official committee of a political party, including a state central committee, county central committee, assembly district committee, or any subcommittee of such committee.(D)An organization formed or existing primarily for political purposes, as described in paragraph (1), including, but not limited to, a political action committee established by any membership organization, labor union, or corporation.(c)Expenditure includes any monetary or nonmonetary payment made by any person, other than the persons or organizations described in subdivision (b), that is used for communications that expressly advocate the nomination, election, or defeat of a clearly identified candidate or candidates, or the qualification, passage, or defeat of a clearly identified ballot measure.(1)Clearly identified is defined as follows:(A)A candidate is clearly identified if the communication states his or her name, makes unambiguous reference to his or her office or status as a candidate, or unambiguously describes him or her in any manner.(B)A group of candidates is clearly identified if the communication makes unambiguous reference to some well-defined characteristic of the group, even if the communication does not name each candidate. A communication that clearly identifies a group of candidates and expressly advocates their election or defeat is reportable as an expenditure, but the expenditure need not be allocated among all members of the class or group on the campaign statement reporting the expenditure.(C)A measure that has qualified to be placed on the ballot is clearly identified if the communication states a proposition number, official title, or popular name associated with the measure. In addition, the measure is clearly identified if the communication refers to the subject matter of the measure and either states that the measure is before the people for a vote or, taken as a whole and in context, unambiguously refers to the measure.(D)A measure that has not qualified to be placed on the ballot is clearly identified if the communication refers to the subject matter of the measure and the qualification drive.(2)A communication expressly advocates the nomination, election, or defeat of a candidate or the qualification, passage, or defeat of a measure if it contains express words of advocacy such as vote for, elect, support, cast your ballot, vote against, defeat, reject, sign petitions for, or, within 60 days before an election in which the candidate or measure appears on the ballot, the communication otherwise refers to a clearly identified candidate or measure so that the communication, taken as a whole, unambiguously urges a particular result in an election.(A)Except for those communications paid for with public moneys by a state or local government agency, a communication, taken as a whole, unambiguously urges a particular result in an election if it is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure. A communication is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure when, taken as a whole, it could only be interpreted by a reasonable person as containing an appeal to vote for or against a specific candidate or measure because of both of the following:(i)The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning.(ii)Reasonable minds could not differ as to whether it encourages a vote for or against a clearly identified candidate or measure, or encourages some other kind of action on a legislative, executive, or judicial matter or issue.(B)The following nonexhaustive examples, referring to candidates or measures on the ballot in an upcoming election, illustrate statements that in most contexts would not be susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure: Smiths the One; No Measure A; Rally round OMalley; Create jobs with Measure X; Only Nancy Brown can clean out City Hall; Proposition 123 - your last chance to save California; Joe Green will earn your trust; Bob Boone is unqualified for office and a special-interest puppet; Shirley Hall - bad for California, bad for you.(C)The following nonexhaustive examples, referring to candidates or measures on the ballot in an upcoming election, illustrate statements that would be susceptible of a reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure: Assembly Member Nancy Brown needs to be tough on criminals. Call her and tell her to stand firm on AB 100; Poor children need a home too. Support the Mayors stance against more budget cuts; Thank you, Supervisor Smith, for continuing to support our farmers.(D)Safe Harbor. A communication does not expressly advocate the nomination, election, or defeat of a candidate, or the qualification, passage, or defeat of a measure, within the meaning of this section, if both of the following apply:(i)The communication does not mention an election, candidacy, political party unless required by law, opposing candidate, or voting by the general public, and it does not take a position on the character, qualifications, or fitness for office of a candidate or officeholder, or the merits of a ballot measure.(ii)The communication focuses on a legislative, executive, or judicial matter or issue, either urging a candidate to take a particular position or action with respect to the matter or issue, or urging the public to adopt a particular position and to contact the candidate with respect to the matter or issue.(E)Rules of Interpretation. If a communication does not qualify for the safe harbor described in subparagraph (D), the commission shall consider if the communication has an interpretation other than as an appeal to vote for or against a clearly identified candidate or measure, in order to determine if, on balance, the communication is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate or measure.(3)Reporting Expenditures.(A)The amount of an expenditure reportable pursuant to this subdivision shall include all costs directly attributable to the communication, including, but not limited to, salaries, production, postage, space or time purchased, agency fees, printing, and any additional administrative or overhead costs attributable to the communication. The expenditure does not include any of the regular ongoing business overhead that will be incurred in similar amounts regardless of the communication.(B)When a printed or broadcast communication circulates outside the state, the expenditure may be calculated on the basis of the fraction of the total cost attributable to circulation within the state.(C)Costs directly traceable to the communication are reportable when the communication is made, or when payments are made in connection with the development, production, or dissemination of the communication, whichever occurs first.(D)The costs of printing and distributing petitions, recruiting, training, and paying expenses of petition circulators, and other costs incurred in connection with the qualification of a measure are reportable expenditures.(4)Notwithstanding this subdivision, expenditure does not include costs incurred for communications that expressly advocate the nomination, election, or defeat of a clearly identified candidate or candidates, or the qualification, passage, or defeat of a clearly identified measure or measures by either of the following:(A)A broadcasting station, including a cable or satellite television operation, programmer, or producer, Internet Web site, or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest, for the cost of covering or carrying a news story, commentary, or editorial.(B)A regularly published newsletter or regularly published periodical, other than those specified in subparagraph (A), whose circulation is limited to an organizations members, employees, shareholders, other affiliated individuals, and those who request or purchase the publication. This subparagraph applies only to the costs regularly incurred in publishing the newsletter or periodical. If additional costs are incurred because the newsletter or periodical is issued on other than its regular schedule, expanded in circulation, or substantially altered in style, size, or format, the additional costs are expenditures.(5)The term expenditure also does not include uncompensated Internet activity by an individual supporting or opposing a candidate or measure as stated in Section 18215.2 of Title 2 of the California Code of Regulations.(d)A payment used to make contributions, as defined in Section 82015, is an expenditure.(a)Expenditure means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. Expenditure does not include a candidates use of his or her own money to pay for either a filing fee for a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code. An expenditure is made on the earlier of the date the payment is made or on the date consideration, if any, is received, whichever is earlier. received.
(b)A payment is made for political purposes if it is any of the following:
(1)For purposes of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or candidates, or the qualification or passage of any measure.
(2)Made by any of the following:
(A)A candidate, unless it is clear from surrounding circumstances that the payment was made for personal purposes unrelated to his or her candidacy or status as an officeholder.
(B)A controlled committee.
(C)An official committee of a political party, including a state central committee, county central committee, assembly district committee, or any subcommittee of such committee.
(D)An organization formed or existing primarily for political purposes, as described in paragraph (1), including, but not limited to, a political action committee established by any membership organization, labor union, or corporation.
(c)Expenditure includes any monetary or nonmonetary payment made by any person, other than the persons or organizations described in subdivision (b), that is used for communications that expressly advocate the nomination, election, or defeat of a clearly identified candidate or candidates, or the qualification, passage, or defeat of a clearly identified ballot measure.
(1)Clearly identified is defined as follows:
(A)A candidate is clearly identified if the communication states his or her name, makes unambiguous reference to his or her office or status as a candidate, or unambiguously describes him or her in any manner.
(B)A group of candidates is clearly identified if the communication makes unambiguous reference to some well-defined characteristic of the group, even if the communication does not name each candidate. A communication that clearly identifies a group of candidates and expressly advocates their election or defeat is reportable as an expenditure, but the expenditure need not be allocated among all members of the class or group on the campaign statement reporting the expenditure.
(C)A measure that has qualified to be placed on the ballot is clearly identified if the communication states a proposition number, official title, or popular name associated with the measure. In addition, the measure is clearly identified if the communication refers to the subject matter of the measure and either states that the measure is before the people for a vote or, taken as a whole and in context, unambiguously refers to the measure.
(D)A measure that has not qualified to be placed on the ballot is clearly identified if the communication refers to the subject matter of the measure and the qualification drive.
(2)A communication expressly advocates the nomination, election, or defeat of a candidate or the qualification, passage, or defeat of a measure if it contains express words of advocacy such as vote for, elect, support, cast your ballot, vote against, defeat, reject, sign petitions for, or, within 60 days before an election in which the candidate or measure appears on the ballot, the communication otherwise refers to a clearly identified candidate or measure so that the communication, taken as a whole, unambiguously urges a particular result in an election.
(A)Except for those communications paid for with public moneys by a state or local government agency, a communication, taken as a whole, unambiguously urges a particular result in an election if it is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure. A communication is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure when, taken as a whole, it could only be interpreted by a reasonable person as containing an appeal to vote for or against a specific candidate or measure because of both of the following:
(i)The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning.
(ii)Reasonable minds could not differ as to whether it encourages a vote for or against a clearly identified candidate or measure, or encourages some other kind of action on a legislative, executive, or judicial matter or issue.
(B)The following nonexhaustive examples, referring to candidates or measures on the ballot in an upcoming election, illustrate statements that in most contexts would not be susceptible of any reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure: Smiths the One; No Measure A; Rally round OMalley; Create jobs with Measure X; Only Nancy Brown can clean out City Hall; Proposition 123 - your last chance to save California; Joe Green will earn your trust; Bob Boone is unqualified for office and a special-interest puppet; Shirley Hall - bad for California, bad for you.
(C)The following nonexhaustive examples, referring to candidates or measures on the ballot in an upcoming election, illustrate statements that would be susceptible of a reasonable interpretation other than as an appeal to vote for or against a specific candidate or measure: Assembly Member Nancy Brown needs to be tough on criminals. Call her and tell her to stand firm on AB 100; Poor children need a home too. Support the Mayors stance against more budget cuts; Thank you, Supervisor Smith, for continuing to support our farmers.
(D)Safe Harbor. A communication does not expressly advocate the nomination, election, or defeat of a candidate, or the qualification, passage, or defeat of a measure, within the meaning of this section, if both of the following apply:
(i)The communication does not mention an election, candidacy, political party unless required by law, opposing candidate, or voting by the general public, and it does not take a position on the character, qualifications, or fitness for office of a candidate or officeholder, or the merits of a ballot measure.
(ii)The communication focuses on a legislative, executive, or judicial matter or issue, either urging a candidate to take a particular position or action with respect to the matter or issue, or urging the public to adopt a particular position and to contact the candidate with respect to the matter or issue.
(E)Rules of Interpretation. If a communication does not qualify for the safe harbor described in subparagraph (D), the commission shall consider if the communication has an interpretation other than as an appeal to vote for or against a clearly identified candidate or measure, in order to determine if, on balance, the communication is not susceptible of any reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate or measure.
(3)Reporting Expenditures.
(A)The amount of an expenditure reportable pursuant to this subdivision shall include all costs directly attributable to the communication, including, but not limited to, salaries, production, postage, space or time purchased, agency fees, printing, and any additional administrative or overhead costs attributable to the communication. The expenditure does not include any of the regular ongoing business overhead that will be incurred in similar amounts regardless of the communication.
(B)When a printed or broadcast communication circulates outside the state, the expenditure may be calculated on the basis of the fraction of the total cost attributable to circulation within the state.
(C)Costs directly traceable to the communication are reportable when the communication is made, or when payments are made in connection with the development, production, or dissemination of the communication, whichever occurs first.
(D)The costs of printing and distributing petitions, recruiting, training, and paying expenses of petition circulators, and other costs incurred in connection with the qualification of a measure are reportable expenditures.
(4)Notwithstanding this subdivision, expenditure does not include costs incurred for communications that expressly advocate the nomination, election, or defeat of a clearly identified candidate or candidates, or the qualification, passage, or defeat of a clearly identified measure or measures by either of the following:
(A)A broadcasting station, including a cable or satellite television operation, programmer, or producer, Internet Web site, or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest, for the cost of covering or carrying a news story, commentary, or editorial.
(B)A regularly published newsletter or regularly published periodical, other than those specified in subparagraph (A), whose circulation is limited to an organizations members, employees, shareholders, other affiliated individuals, and those who request or purchase the publication. This subparagraph applies only to the costs regularly incurred in publishing the newsletter or periodical. If additional costs are incurred because the newsletter or periodical is issued on other than its regular schedule, expanded in circulation, or substantially altered in style, size, or format, the additional costs are expenditures.
(5)The term expenditure also does not include uncompensated Internet activity by an individual supporting or opposing a candidate or measure as stated in Section 18215.2 of Title 2 of the California Code of Regulations.
(d)A payment used to make contributions, as defined in Section 82015, is an expenditure.
|
Date
|
Status
|
|---|---|
| Sep 26, 2018 | Chaptered by Secretary of State - Chapter 754, Statutes of 2018. |
| Sep 26, 2018 | Approved by the Governor. |
| Sep 12, 2018 | Enrolled and presented to the Governor at 12 p.m. |
| Aug 31, 2018 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 31, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 17, 2018 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 16). |
| Aug 6, 2018 | In committee: Referred to APPR. suspense file. |
| Jun 26, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 20, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 19). Re-referred to Com. on APPR. |
| Jun 13, 2018 | Referred to Com. on E. & C.A. |
| Jun 4, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 25, 2018 | From committee: Do pass. (Ayes 12. Noes 4.) (May 25). |
| May 25, 2018 | Joint Rule 62(a), file notice suspended. |
| May 23, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 10, 2018 | Re-referred to Com. on APPR. |
| May 9, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Apr 25, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 25). Re-referred to Com. on APPR. |
| Apr 9, 2018 | Re-referred to Com. on E. & R. |
| Apr 5, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Apr 2, 2018 | Re-referred to Com. on E. & R. |
| Mar 23, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Mar 22, 2018 | Referred to Com. on E. & R. |
| Feb 13, 2018 | From printer. May be heard in committee March 15. |
| Feb 12, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2018 | AB 2188 Mullin Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 31, 2018 | Assembly 3rd Reading AB2188 Mullin et al. By Hill | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 6, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 31, 2018 | AB 2188 MULLIN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Brave New Films | ** Support | Aug 19, 2018 |
| Business For America | ** Support | Aug 19, 2018 |
| California Broadcasters Association | * Support | Jun 19, 2018 |
| California Church Impact | ** Support | Aug 19, 2018 |
| California Clean Money Campaign | ** Support | Aug 19, 2018 |
| California Common Cause | ** Support | Aug 19, 2018 |
| California Disability Rights | * Support | Apr 25, 2018 |
| California League Of Conservation Voters | ** Support | Aug 19, 2018 |
| California News Publishers Association | * For If Amend | Jun 19, 2018 |
| California Peace and Freedom Party | * Support | Jun 19, 2018 |
| Californians for Disability Rights | ** Support | Aug 19, 2018 |
| CALPIRG | ** Support | Aug 19, 2018 |
| Courage Campaign | ** Support | Aug 19, 2018 |
| Dave Jones, Insurance Commissioner | ** Support | Aug 19, 2018 |
| Democracy for America | ** Support | Aug 19, 2018 |
| Disclosure Act | * Support | Apr 25, 2018 |
| End Citizens United - Fight For Reform | ** Support | Aug 19, 2018 |
| Endangered Habitats League | ** Support | Aug 19, 2018 |
| Equal Cititzens | ** Support | Aug 19, 2018 |
| * For If Amend | Apr 25, 2018 | |
| Green Party of California | * Support | Apr 25, 2018 |
| Indivisible San Francisco | * Support | Jun 19, 2018 |
| League Of Women Voters Of California | ** Support | Aug 19, 2018 |
| Legitaction | ** Support | Aug 19, 2018 |
| Lutheran Office of Public Policy | ** Support | Aug 19, 2018 |
| MapLight | ** Support | Aug 19, 2018 |
| Money Out Voters In | ** Support | Aug 19, 2018 |
| Multi-faith Action Coalition of Contra-Costa | * Support | Jun 19, 2018 |
| New Progressive Alliance | ** Support | Aug 19, 2018 |
| people for the american way | ** Support | Aug 19, 2018 |
| People in Coalition | * Support | Jun 19, 2018 |
| Public Citizen | ** Support | Aug 19, 2018 |
| Represent.Us | ** Support | Aug 19, 2018 |
| Santa Clara County Citizens Advisory Board on Elections | * Support | Jun 19, 2018 |
| santa clara county democratic club | * Support | Jun 19, 2018 |
| Voices for Progress | ** Support | Aug 19, 2018 |
| Voting Rights Task Force | * Support | Jun 19, 2018 |
| Walnut Creek Resistors | * Support | Apr 25, 2018 |
| Walnut Creek Resistors | * Support | Jun 19, 2018 |
| Women'S Institute For Freedom Of The Press | ** Support | Aug 19, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2188
Author:(Mullin)
As Amended Ver:August 17, 2018
2/3 vote
ASSEMBLY: | 62-13 | (May 31, 2018) | SENATE: | 31-8 | (August 31, 2018) |
Original Committee Reference: E. & R.
SUMMARY: Requires online platforms that sell political ads, as specified, to make specified information about those political ads available to the public. Makes various changes to the required format for disclosures on electronic media ads that are required by existing law. Specifically, this bill:
- Defines an "online platform," for the purposes of this bill, as a public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells ads directly to advertisers. Provides that a website is not an online platform if it only displays ads that are sold directly to advertisers through another online platform.
- Requires an online platform, as defined, that disseminates specified political advertisements that are paid for by committees, to do all of the following:
- Display the text "Who funded this ad?," "Paid for by," or "Ad paid for by," as specified, in each political advertisement that it disseminates, with the text linking to the profile or landing page of the committee that paid for the ad; to another page containing additional information about the committee, as specified; or to a website containing any disclosures that are required to appear on an electronic media ad pursuant to existing law.
- Maintain, and make available for online public inspection in machine readable format, a complete record of any ad that is disseminated on the online platform by a committee that purchased $500 or more in ads on the online platform during the preceding 12 months. Requires each record to contain all of the following:
- A digital copy of the ad;
- The approximate number of impressions generated from the ad, and the date and time that the ad was first and last displayed;
- Information regarding the amount charged for and spent on the ad;
- Identifying information about the candidate or the ballot measure to which the ad refers; and,
- The name and identification number of the committee that paid for the ad.
- Make the records of requests to purchase ads on the online platform available as soon as possible and retain those records for no less than four years.
- Display a prominent link with the text "View Ads" on a page that contains information about the committee that paid for an ad, as specified. Requires the linked page to show all of the ads purchased by the committee on the platform.
- Requires a committee that disseminates an ad on an online platform to provide the platform with the information it needs to comply with this bill, as specified.
- Increases the minimum size, from eight-point font to 10-point font, for disclosures that are required to appear on an ad made via a form of electronic media that allows users to engage in discourse and post content, or other social media. Requires such disclosures to be easily readable by the average viewer, and to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic media device that is commonly used to view the form of electronic media, except as specified.
- Provides that a person who intentionally violates the provisions of this bill regarding the obligations of online platforms, as defined, for the purpose of avoiding disclosure is liable in an action brought by the Fair Political Practices Commission (FPPC) or by any person for a fine up to three times the cost of the ad, including placement costs.
- Makes technical and corresponding changes.
The Senate amendments:
- Delete a requirement for an ad made by a form of electronic media that allows users to engage in discourse and post content, or other social media, that is paid for by a political party or a candidate's own campaign committee, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a disclosure of who paid for the ad.
- Require electronic media advertisements that are disseminated as a video to comply with disclosure requirements that generally apply to video advertisements, as specified. Require an electronic media advertisement that is a video advertisement and that is longer than 30 seconds to include specified required disclosure statements at the beginning of the advertisement.
- Provide flexibility for online platforms in the manner that they display required disclosure information on political advertisements.
- Require a committee that places political advertisements with an online platform, as specified, to provide the online platform with updated disclosure information within five business days of any change in that information, as specified.
- Delay implementation of this bill until January 1, 2020.
- Make minor, technical, and clarifying changes, and add co-authors.
FISCAL EFFECT: According to the Senate Appropriations Committee, the FPPC indicates that it would incur first year costs of $193,000, and $185,000 annually thereafter, to implement the provisions of the bill (General Fund).
COMMENTS: According to the author, "AB 2188, the Social Media DISCLOSE Act seeks to require online social media platforms to disclose information regarding the funders of political advertisements and to keep a database of the political ads they run. In 2017, the Governor signed AB 249 [(Mullin), Chapter 546, Statutes of 2017)], the California DISCLOSE Act, which made strides in addressing the shortcomings of existing campaign finance disclosure laws. The measure improved the clarity of formatting of disclosures and established new earmarking rules to identify original donors to committees and ballot measures. AB 2188 builds upon AB 249 by ensuring that these improved campaign finance regulations also apply to ads appearing on social media platforms."
The provisions of this bill that require specified online platforms that sell political ads to maintain a downloadable record with information about those political ads are similar to the federal "Honest Ads Act," which is pending in the US Senate. The Honest Ads Act – which is contained in S. 1989 – is a bipartisan bill that was introduced last October. In addition to requiring online platforms to maintain public records about the purchasers of political ads on their platforms, S. 1989 expands federal campaign laws to include paid Internet and paid digital communications within the types of communications that are covered by those laws. S. 1989 also requires all advertising platforms to make reasonable efforts to ensure that paid advertising on their platforms does not violate federal laws that prohibit foreign nationals from attempting to influence elections through donations, expenditures, or other things of value.
California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
The Senate amendments to this bill make various, mostly minor, changes to the disclosures that are required by this bill. This bill, as amended in the Senate, is generally consistent with prior Assembly actions.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0004242
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2188
: 8/17/18 in Senate
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 6/19/18
AYES: Stern, Allen, Hertzberg, Leyva
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18
AYES: Portantino, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 62-13, 5/31/18 - See last page for vote
DIGEST:
This bill requires online platforms that sell political ads to make specified information about those political ads available to the public and makes various changes to the format for disclosures on electronic media ads that are required by existing law.
Existing law:
- Requires, pursuant to the Political Reform Act (PRA), specified disclosures in political advertisements regarding the source of the advertisement and defines “advertisement” for this purpose as a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures.
- Requires an electronic media advertisement, other than an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text “Who funded this ad?,” unless including the text would be impracticable, and a hyperlink to an Internet Web site containing specified disclosures regarding who paid for the advertisement.
- Provides that for an Internet Web site paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, requires the Internet Web site to include other specified disclosures regarding who paid for the advertisement.
- Requires that an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, only include specified disclosures in a contrasting color and in no less than 8-point font on the committee’s profile, landing page, or similar location, and not on each individual post, comment, or other similar communication.
- Requires a radio or television advertisement that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a specified disclosure regarding who paid for the advertisement.
This bill:
- Modifies the aforementioned disclosures required for electronic media advertisements.
- Provides that an electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform, as defined, hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to meet the “Who funded this ad?” disclosure described above. The “Who funded this ad?” disclosure is modified in various ways, including requiring it to be made for the duration of the advertisement and allowing the text to be replaced with the phrase “Paid for by” or “Ad Paid for by.”
- Requires that for an email message or Internet Web site, these disclosures be made at top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable.
- Requires an electronic media advertisement that is disseminated as a video to comply with specified disclosure requirements, and if the video is longer than 30 seconds, the disclosures to be made at the beginning of the advertisement.
- Requires the disclosures on the committee’s profile, landing page, or similar location to be on the cover or header photo of the committee’s profile, landing page, or similar location and in no less than 10-point font. The disclosures must be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view that form of electronic media. If making the disclosures fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location must include only a hyperlink, icon, button, or tab to an Internet Web site containing the disclosures.
- Requires a committee that disseminates an online platform disclosed advertisement, as defined, to expressly notify the online platform through which the advertisement would be disseminated that the advertisement is an advertisement under the PRA and provide the disclosure name, as defined, of the committee as well as the name and identification number of the committee that paid for the advertisement and information regarding the race to which it refers.
- Requires an online platform that disseminates a committee’s online platform disclosed advertisement to display adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored, “Paid for by” or “Ad Paid for by” followed by the disclosure name provided by the committee, with certain exceptions. The online platform may instead display a hyperlink, icon, button, or tab with the text “Who funded this ad?” “Paid for by,” or “Ad Paid for by”. With either option, the disclosure must be clickable to a page that has additional disclosure information.
- Requires an online platform that disseminates committees’ online platform disclosed advertisements to maintain and make available a record of any advertisement disseminated on the online platform by a committee that purchased $500 or more in advertisements on the online platform during the preceding 12 months. An online platform must display a prominent button, icon, tab, or hyperlink that links to a page clearly showing the records of the advertisements.
- Requires an advertisement that is made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, that is paid for by a political party or a candidate controlled committee established for an elective office of the controlling candidate to include specified disclosures regarding who paid for the advertisement.
- Provides that an online platform that creates a mechanism for a committee to provide all information necessary for the online platform to comply with the requirements of this bill may rely in good faith on the information provided by the committee to the online platform to satisfy the online platform’s obligations.
- Provides that the provisions of this bill will become operative on January 1, 2020.
- Makes other technical and corresponding changes.
Background
Federal Honest Ads Act. The provisions of this bill that require specified online platforms that sell political advertisements to maintain a downloadable record with information about those political advertisements is modeled closely after the federal “Honest Ads Act,” which is pending in the US Senate. The Honest Ads Act -- which is contained in S. 1989 -- is a bipartisan bill that was introduced by Senators Amy Klobuchar (D-MN), Mark Warner (D-VA), and John McCain (R-AZ) last October. In addition to requiring online platforms to maintain public records about the purchasers of political advertisements on their platforms, S. 1989 expands federal campaign laws to include paid Internet and paid digital communications within the types of communications that are covered by those laws. S. 1989 also requires all advertising platforms to make reasonable efforts to ensure that paid advertising on their platforms does not violate federal laws that prohibit foreign nationals from attempting to influence elections through donations, expenditures, or other things of value.
While the provisions of S. 1989 and this bill are similar with respect to the information that is required to be maintained by online platforms, there are a couple of key differences. Notably, the federal Honest Ads Act applies not only to campaign advertisements, but also to advertisements that refer to national legislative issues. This bill, on the other hand, applies only to campaign advertisements (though this bill includes advertisements related to ballot measures). On the other hand, this bill requires online platforms to display a prominent link to all ads paid for by a committee on the landing page or similar location of that committee’s presence on the platform. While S. 1989 generally requires online platforms to maintain information about all the ads paid for by a committee to appear on that platform, the federal bill does not include specific requirements for the location of that information to appear for a specific advertiser. S. 1989 is currently pending in the US Senate’s Committee on Rules and Administration.
New Facebook Policy on Election-Related and Issue Ads. According to a recent announcement by Facebook, as of May 24, 2018, “...all election-related and issue ads on Facebook and Instagram in the US must be clearly labeled – including a “Paid for by” disclosure from the advertiser at the top of the ad.”
Facebook further stated all of the following related to this policy:
“When you click on the label, you’ll be taken to an archive with more information. For example, the campaign budget associated with an individual ad and how many people saw it – including their age, location and gender.”
“That same archive can be reached by anyone in the world at facebook.com/politicalcontentads. People visiting the archive can see and search ads with political or issue content an advertiser has run in the US for up to seven years.”
“Advertisers wanting to run ads with political content in the US will need to verify their identity and location.”
Comments
- According to the author, AB 2188, the Social Media Disclose Act seeks to require online social media platforms to disclose information regarding the funders of political advertisements and to keep a database of the political ads they run. In 2017, the Governor signed AB 249, the California Disclose Act, which made strides in addressing the shortcomings of existing campaign finance disclosure laws. The measure improved the clarity of formatting of disclosures and established new earmarking rules to identify original donors to committees and ballot measures.
AB 2188 builds upon AB 249 by ensuring that these improved campaign finance regulations also apply to ads appearing on social media platforms. Currently, there is no way to determine who is paying for political ads that appear on voter’s Facebook, Instagram, and Twitter feeds. We live in an age where many voters consume political information and news via social media platforms. Because so many are exposed to this type of advertisement through social media use, it is imperative that California’s newly strengthened campaign finance disclosure laws also apply to ads appearing on these platforms.
Related/Prior Legislation
AB 2155 (Mullin of 2018), makes various changes to state law governing the content and format of disclosure statements that are required to appear on communications sent by candidates and committees.
AB 249 (Mullin, Chapter 546, Statutes of 2017), enacted what is commonly known as the "Disclose Act" which significantly changed the content and format of disclosure statements required on specified campaign advertisements in a manner that generally required such disclosures to be more prominent. AB 249 also established new requirements for determining when contributions are considered to be earmarked, and imposed new disclosure requirements for earmarked contributions to ensure that committees are able to determine which contributors must be listed on campaign advertisements.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
The Fair Political Practices Commission (FPPC) indicates that it would incur first year costs of $193,000, and $185,000 annually thereafter, to implement the provisions of the bill (General Fund).
Dave Jones, Insurance Commissioner
Brave New Films
Business for America
California Church Impact
California Clean Money Campaign
California Common Cause
California League of Conservation Voters
Californians for Disability Rights
CALPIRG
Courage Campaign
Democracy for America
End Citizens United - Fight For Reform
Endangered Habitats League
Equal Cititzens
League of Women Voters of California
LegitAction
Lutheran Office of Public Policy
Maplight
Money Out Voters In
New Progressive Alliance
People for the American Way
Public Citizen
Represent.Us
Voices for Progress
Women's Institute for Freedom of the Press
OPPOSITION: (Verified 8/13/18)
None received
ARGUMENTS IN SUPPORT: A letter supporting AB 2188 cosigned by the California Clean Money Campaign and numerous other organizations, stated, in part, the following:
AB 2188 is a simple yet powerful extension of last year’s AB 249. AB 249 already requires electronic media ads to include a “Who funded this ad?” link to a website with the required top three contributor disclosure. Technically, however, ads on social media and some online platforms like Google ads do not make this possible.
AB 2188 is a direct analog of the bipartisan Honest Ads Act for California elections, and also provides significantly more information to voters because it links to existing AB 249 requirements that social media profile pages clearly list their top 3 funders, with ballot measure ads required to use AB 249’s nation-leading earmarking rules to show the true funders even if they try to hide behind front groups.
Californians are crying out for this kind of disclosure. More than 100,000 Californians signed petitions for the California Disclose Act last year. AB 249 passed with overwhelming bipartisan support in both houses.
This strong support for disclosure extends to political ads on social media platforms. A February 2018 poll of 617 likely California voters by the California Clean Money Campaign found that 73% of California voters favored “requiring social media sites like Facebook and Twitter to provide on political advertisements a clear link to a page with their top true funders”. Support was overwhelming across the board, with 81% of Democrats, 68% of Republicans, and 76% of independents in support.
AB 2188 closes the current disclosure loophole for online platforms to provide Californians the information they want and need about who's funding social media political ads which skyrocket in importance every election.
ASSEMBLY FLOOR: 62-13, 5/31/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Cunningham, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Travis Allen, Bigelow, Chávez, Dahle, Fong, Harper, Mathis, Mayes, Melendez, Obernolte, Patterson, Voepel, Waldron
NO VOTE RECORDED: Brough, Chen, Choi
8/19/18 13:57:53
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2188 (Mullin) - Political Reform Act of 1974: campaign disclosures: advertisements
Version: May 9, 2018 | Policy Vote: E. & C.A. 4 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: August 16, 2018 | Consultant: Robert Ingenito |
Bill Summary:
AB 2188 would (1) require online platforms that sell political ads to make specified information about those political ads available to the public, (2) make various changes to the format for disclosures on electronic media ads that are required by existing law, and (3) require new disclosures to be included on specified electronic media ads that are paid for by political parties or candidates.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 16, 2018
Fiscal Impact:
The Fair Political Practices Commission (FPPC) indicates that it would incur first year costs of $193,000, and $185,000 annually thereafter, to implement the provisions of the bill (General Fund).
Author Amendments:
Increase and clarify disclosure requirements, and add coauthors.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2188 (Mullin) - Political Reform Act of 1974: campaign disclosures: advertisements
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2188 would (1) require online platforms that sell political ads to make specified information about those political ads available to the public, (2) make various changes to the format for disclosures on electronic media ads that are required by existing law, and (3) require new disclosures to be included on specified electronic media ads that are paid for by political parties or candidates.
Fiscal Impact:
The Fair Political Practices Commission (FPPC) indicates that it would incur first year costs of $193,000, and $185,000 annually thereafter, to implement the provisions of the bill (General Fund).
Background:
California voters passed Proposition 9 (the Political Reform Act) in 1974, which (1) created FPPC, and (2) codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. Amendments to the PRA that are not submitted to the voters must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Current law defines, “advertisement,” for the purposes of the PRA, as any general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures, except as specified. Additionally, current law requires advertisements that support or oppose candidates or ballot measures to include disclosure statements in specified circumstances. These required statements may include a disclosure of the committee that is paying for the advertisement, a disclosure of the three top contributors to the committee paying for the advertisement, as specified, and a statement (in the case of an independent expenditure supporting or opposing a candidate) that the advertisement was not authorized by a candidate or a committee controlled by a candidate for that office.
A person who violates specified requirements for advertisements to include disclosure statements, in addition to specified remedies generally available under the PRA, is liable in a civil or administrative action for a fine of up to three times the cost of the advertisement, including placement costs, as specified. A person who intentionally violates specified other requirements for advertisements to include disclosure statements for the purpose of avoiding disclosure, in addition to specified remedies generally available under the PRA, is liable in a civil or administrative action for a fine of up to three times the cost of the advertisement, including placement costs, as specified
Proposed Law:
This bill would, among other things, do the following:
- Define an "online platform," for the purposes of this bill, as a public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells ads directly to advertisers. Additionally, it would provide that a website is not an online platform if it only displays ads that are sold directly to advertisers through another online platform.
- Require an online platform to display a hyperlink, as required, with the text "Who funded this ad?," "Paid for by," or "Ad paid for by," followed by the name of the committee that pays for a communication that is an ad under the PRA.
- Require an online platform to maintain, and make available for online public inspection in machine readable format, a complete record of any ad that is disseminated on the online platform by a committee that purchased $500 or more in ads on the online platform during the preceding 12 months. Additionally, the bill would require each record must contained specified information.
- Require an online platform to make the records of requests to purchase ads on the online platform available as soon as possible and retain those records for no less than four years.
- Require an online platform to display a prominent link with the text "View Ads" on a page that contains information about the committee that paid for an ad, as specified. Require the linked page to show all of the ads purchased by the committee on the platform.
- Require a committee that disseminates an ad on an online platform to provide the platform with the information it needs to comply with this bill, as specified.
- Require an ad made by a form of electronic media that allows users to engage in discourse and post content, or other social media, that is paid for by a political party or a candidate's own campaign committee, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a disclosure of who paid for the ad.
- Increase the minimum size, from 8-point font to 10-point font, for disclosures that are required to appear on an ad made via a form of electronic media that allows users to engage in discourse and post content, or other social media. Require such disclosures to be easily readable by the average viewer, and to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic media device that is commonly used to view the form of electronic media, except as specified.
- Provide that a person who intentionally violates the provisions of this bill regarding the obligations of online platforms, as defined, for the purpose of avoiding disclosure is liable in an action brought by FPPC or by any person for a fine up to three times the cost of the ad, including placement costs.
Related Legislation:
- AB 249 (Mullin), Chapter 546, Statutes of 2017, changed the content and format of disclosure statements required on specified campaign advertisements in a manner that generally required such disclosures to be more prominent. AB 249 also established new requirements for determining when contributions are considered to be earmarked, and imposed requirements to ensure that committees are able to determine which contributors must be listed on campaign advertisements. AB 249 is commonly known as the “Disclose Act.” The passage of AB 249 marked the culmination of seven years of debate and negotiation over similar legislation.
- AB 2155 (Mullin) would make various changes to state law governing the content and format of disclosure statements that are required to appear on communications sent by candidates and committees. The bill is currently pending in this Committee.
Staff Comments:
FPPC indicates that it would require one additional legal position to implement new social media disclosure requirements. As noted above, ongoing costs would be $185,000 per year.
-- END --
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Henry Stern, Chair
2017 - 2018 Regular
Bill No: 2188 Hearing Date: 6/19/18
Author: | Mullin | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DIGEST
This bill requires online platforms that sell political ads to make specified information about those political ads available to the public. Makes various changes to the format for disclosures on electronic media ads that are required by existing law, and requires new disclosures to be included on specified electronic media ads that are paid for by political parties or candidates.
ANALYSIS
Existing law:
- Defines “advertisement,” for the purposes of the Political Reform Act (PRA), as any general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures, except as specified.
- Requires advertisements that support or oppose candidates or ballot measures to include disclosure statements in specified circumstances. These required statements may include a disclosure of the committee that is paying for the advertisement, a disclosure of the three top contributors to the committee paying for the advertisement, as specified, and a statement (in the case of an independent expenditure supporting or opposing a candidate) that the advertisement was not authorized by a candidate or a committee controlled by a candidate for that office.
- Requires an electronic media advertisement that is an Internet Web site to include any required disclosure statements in a contrasting color and in no less than 8-point font.
- Provides that a person who violates specified requirements for advertisements to include disclosure statements, in addition to specified remedies generally available under the PRA, is liable in a civil or administrative action for a fine of up to three times the cost of the advertisement, including placement costs, as specified. Provides that a person who intentionally violates specified other requirements for advertisements to include disclosure statements for the purpose of avoiding disclosure, in addition to specified remedies generally available under the PRA, is liable in a civil or administrative action for a fine of up to three times the cost of the advertisement, including placement costs, as specified
This bill:
- Defines an "online platform," for the purposes of this bill, as a public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells ads directly to advertisers. Provides that a website is not an online platform if it only displays ads that are sold directly to advertisers through another online platform.
- Requires an online platform to display a hyperlink with the text "Who funded this ad?," "Paid for by," or "Ad paid for by," followed by the name of the committee that pays for a communication that is an ad under the PRA. Requires the hyperlink to comply with all of the following:
- Be easily readable, and in the same or similar font and at least the same font size as the online platform’s text identifying the item as an ad.
- Be located adjacent to the text identifying the item as an ad.
- Be clearly clickable; and,
- Be linked to the profile or landing page of the committee that paid for the ad; to another page containing additional information about the committee, as specified; or to a website containing any disclosures that are required to appear on an electronic media ad pursuant to existing law.
- Requires an online platform to maintain, and make available for online public inspection in machine readable format, a complete record of any ad that is disseminated on the online platform by a committee that purchased $500 or more in ads on the online platform during the preceding 12 months. Requires each record to contain all of the following:
- A digital copy of the ad;
- A description of the audience reached by the ad, the approximate number of views generated from the ad, and the date and time that the ad was first and last displayed;
- Information regarding the average rate charged for the ad;
- Identifying information about the candidate or the ballot measure to which the ad refers; and,
- The name and identification number of the committee that paid for the ad.
- A digital copy of the ad;
- Requires an online platform to make the records of requests to purchase ads on the online platform available as soon as possible and retain those records for no less than four years.
- Requires an online platform to display a prominent link with the text "View Ads" on a page that contains information about the committee that paid for an ad, as specified. Requires the linked page to show all of the ads purchased by the committee on the platform.
- Requires a committee that disseminates an ad on an online platform to provide the platform with the information it needs to comply with this bill, as specified.
- Requires an ad made by a form of electronic media that allows users to engage in discourse and post content, or other social media, that is paid for by a political party or a candidate's own campaign committee, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a disclosure of who paid for the ad.
- Increases the minimum size, from 8-point font to 10-point font, for disclosures that are required to appear on an ad made via a form of electronic media that allows users to engage in discourse and post content, or other social media. Requires such disclosures to be easily readable by the average viewer, and to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic media device that is commonly used to view the form of electronic media, except as specified.
- Provides that a person who intentionally violates the provisions of this bill regarding the obligations of online platforms, as defined, for the purpose of avoiding disclosure is liable in an action brought by the Fair Political Practices Commission (FPPC) or by any person for a fine up to three times the cost of the ad, including placement costs.
- Makes technical and corresponding changes.
BACKGROUND
Federal Honest Ads Act. The provisions of this bill that require specified online platforms that sell political advertisements to maintain a downloadable record with information about those political advertisements is modeled closely after the federal “Honest Ads Act,” which is pending in the US Senate. The Honest Ads Act -- which is contained in S. 1989 -- is a bipartisan bill that was introduced by Senators Amy Klobuchar (D-MN), Mark Warner (D-VA), and John McCain (R-AZ) last October. In addition to requiring online platforms to maintain public records about the purchasers of political advertisements on their platforms, S. 1989 expands federal campaign laws to include paid Internet and paid digital communications within the types of communications that are covered by those laws. S. 1989 also requires all advertising platforms to make reasonable efforts to ensure that paid advertising on their platforms does not violate federal laws that prohibit foreign nationals from attempting to influence elections through donations, expenditures, or other things of value.
While the provisions of S. 1989 and this bill are similar with respect to the information that is required to be maintained by online platforms, there are a couple of key differences. Notably, the federal Honest Ads Act applies not only to campaign advertisements, but also to advertisements that refer to national legislative issues. This bill, on the other hand, applies only to campaign advertisements (though this bill includes advertisements related to ballot measures). On the other hand, this bill requires online platforms to display a prominent link to all ads paid for by a committee on the landing page or similar location of that committee’s presence on the platform. While S. 1989 generally requires online platforms to maintain information about all the ads paid for by a committee to appear on that platform, the federal bill does not include specific requirements for the location of that information to appear for a specific advertiser. S. 1989 is currently pending in the US Senate’s Committee on Rules and Administration.
New Facebook Policy on Election-Related and Issue Ads. According to a recent announcement by Facebook, as of May 24, 2018, “...all election-related and issue ads on Facebook and Instagram in the US must be clearly labeled – including a “Paid for by” disclosure from the advertiser at the top of the ad.”
Facebook further stated all of the following related to this policy:
“When you click on the label, you’ll be taken to an archive with more information. For example, the campaign budget associated with an individual ad and how many people saw it – including their age, location and gender.”
“That same archive can be reached by anyone in the world at facebook.com/politicalcontentads. People visiting the archive can see and search ads with political or issue content an advertiser has run in the US for up to seven years.”
“Advertisers wanting to run ads with political content in the US will need to verify their identity and location.”
COMMENTS
- According to the author: AB 2188, the Social Media Disclose Act seeks to require online social media platforms to disclose information regarding the funders of political advertisements and to keep a database of the political ads they run. In 2017, the Governor signed AB 249, the California Disclose Act, which made strides in addressing the shortcomings of existing campaign finance disclosure laws. The measure improved the clarity of formatting of disclosures and established new earmarking rules to identify original donors to committees and ballot measures.
AB 2188 builds upon AB 249 by ensuring that these improved campaign finance regulations also apply to ads appearing on social media platforms. Currently, there is no way to determine who is paying for political ads that appear on voter’s Facebook, Instagram, and Twitter feeds. We live in an age where many voters consume political information and news via social media platforms. Because so many are exposed to this type of advertisement through social media use, it is imperative that California’s newly strengthened campaign finance disclosure laws also apply to ads appearing on these platforms. - Argument in Support. A letter supporting AB 2188 cosigned by the California Clean Money Campaign and numerous other organizations, stated, in part, the following:
AB 2188 is a simple yet powerful extension of last year’s AB 249. AB 249 already requires electronic media ads to include a “Who funded this ad?” link to a website with the required top three contributor disclosure. Technically, however, ads on social media and some online platforms like Google ads do not make this possible.
AB 2188 is a direct analog of the bipartisan Honest Ads Act for California elections, and also provides significantly more information to voters because it links to existing AB 249 requirements that social media profile pages clearly list their top 3 funders, with ballot measure ads required to use AB 249’s nation-leading earmarking rules to show the true funders even if they try to hide behind front groups.
Californians are crying out for this kind of disclosure. More than 100,000 Californians signed petitions for the California Disclose Act last year. AB 249 passed with overwhelming bipartisan support in both houses.
This strong support for disclosure extends to political ads on social media platforms. A February 2018 poll of 617 likely California voters by the California Clean Money Campaign found that 73% of California voters favored “requiring social media sites like Facebook and Twitter to provide on political advertisements a clear link to a page with their top true funders”. Support was overwhelming across the board, with 81% of Democrats, 68% of Republicans, and 76% of independents in support.
AB 2188 closes the current disclosure loophole for online platforms to provide Californians the information they want and need about who's funding social media political ads which skyrocket in importance every election.
RELATED/PRIOR LEGISLATION
AB 2155 (Mullin) of 2018, which is also being heard in this committee today, makes various changes to state law governing the content and format of disclosure statements that are required to appear on communications sent by candidates and committees.
AB 249 (Mullin), Chapter 546, Statutes of 2017, enacted what is commonly known as the "Disclose Act" which significantly changed the content and format of disclosure statements required on specified campaign advertisements in a manner that generally required such disclosures to be more prominent. AB 249 also established new requirements for determining when contributions are considered to be earmarked, and imposed new disclosure requirements for earmarked contributions to ensure that committees are able to determine which contributors must be listed on campaign advertisements.
PRIOR ACTION
Assembly Floor: | 62 - 13 |
Assembly Appropriations Committee: | 12 - 4 |
Assembly Committee: | 5 - 2 |
POSITIONS
Sponsor: Author
Support: Dave Jones, Insurance Commissioner
Brave New Films
Business for America
California Church Impact
California Clean Money Campaign
California Common Cause
California League of Conservation Voters
Californians for Disability Rights
CALPIRG
Courage Campaign
Democracy for America
End Citizens United - Fight For Reform
Endangered Habitats League
Equal Cititzens
League of Women Voters of California
LegitAction
Lutheran Office of Public Policy
Maplight
Money Out Voters In
New Progressive Alliance
People for the American Way
Public Citizen
Represent.Us
Voices for Progress
Women's Institute for Freedom of the Press
Oppose: None received
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 2188
Author:(Mullin)
As Amended Ver:May 9, 2018
2/3 vote
Committee | Votes | Ayes | Noes |
Elections | 5-2 | Berman, Calderon, Low, Mullin, Weber | Harper, Obernolte |
Appropriations | 12-4 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes | Bigelow, Fong, Gallagher, Obernolte |
SUMMARY: Requires online platforms that sell political ads to make specified information about those political ads available to the public. Makes various changes to the required format for disclosures on electronic media ads that are required by existing law, and requires new disclosures to be included on specified electronic media ads that are paid for by political parties or candidates. Specifically, this bill:
- Defines an "online platform," for the purposes of this bill, as a public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells ads directly to advertisers. Provides that a website is not an online platform if it only displays ads that are sold directly to advertisers through another online platform.
- Requires an online platform, as defined, to do all of the following:
- Display a hyperlink with the text "Who funded this ad?," "Paid for by," or "Ad paid for by," followed by the name of the committee that pays for a communication that is an ad under the Political Reform Act (PRA). Requires the hyperlink to comply with all of the following:
- Be easily readable, and in the same or similar font and at least the same font size as the online platform’s text identifying the item as an ad.
- Be located adjacent to the text identifying the item as an ad.
- Be clearly clickable; and,
- Be linked to the profile or landing page of the committee that paid for the ad; to another page containing additional information about the committee, as specified; or to a website containing any disclosures that are required to appear on an electronic media ad pursuant to existing law.
- Maintain, and make available for online public inspection in machine readable format, a complete record of any ad that is disseminated on the online platform by a committee that purchased $500 or more in ads on the online platform during the preceding 12 months. Requires each record to contain all of the following:
- A digital copy of the ad;
- A description of the audience reached by the ad, the approximate number of views generated from the ad, and the date and time that the ad was first and last displayed;
- Information regarding the average rate charged for the ad;
- Identifying information about the candidate or the ballot measure to which the ad refers; and,
- The name and identification number of the committee that paid for the ad.
- Make the records of requests to purchase ads on the online platform available as soon as possible and retain those records for no less than four years.
- Display a prominent link with the text "View Ads" on a page that contains information about the committee that paid for an ad, as specified. Requires the linked page to show all of the ads purchased by the committee on the platform.
- Display a hyperlink with the text "Who funded this ad?," "Paid for by," or "Ad paid for by," followed by the name of the committee that pays for a communication that is an ad under the Political Reform Act (PRA). Requires the hyperlink to comply with all of the following:
- Requires a committee that disseminates an ad on an online platform to provide the platform with the information it needs to comply with this bill, as specified.
- Requires an ad made by a form of electronic media that allows users to engage in discourse and post content, or other social media, that is paid for by a political party or a candidate's own campaign committee, and that does not support or oppose a ballot measure and is not paid for by an independent expenditure, to include a disclosure of who paid for the ad.
- Increases the minimum size, from eight-point font to 10-point font, for disclosures that are required to appear on an ad made via a form of electronic media that allows users to engage in discourse and post content, or other social media. Requires such disclosures to be easily readable by the average viewer, and to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic media device that is commonly used to view the form of electronic media, except as specified.
- Provides that a person who intentionally violates the provisions of this bill regarding the obligations of online platforms, as defined, for the purpose of avoiding disclosure is liable in an action brought by the Fair Political Practices Commission (FPPC) or by any person for a fine up to three times the cost of the ad, including placement costs.
- Makes technical and corresponding changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee, increased FPPC first-year costs of $193,000 General Fund (GF) (one personnel year plus equipment) and ongoing costs of $185,000 GF for enforcement.
COMMENTS: According to the author, "AB 2188, the Social Media DISCLOSE Act seeks to require online social media platforms to disclose information regarding the funders of political advertisements and to keep a database of the political ads they run. In 2017, the Governor signed AB 249[(Mullin), Chapter 546, Statutes of 2017)], the California DISCLOSE Act, which made strides in addressing the shortcomings of existing campaign finance disclosure laws. The measure improved the clarity of formatting of disclosures and established new earmarking rules to identify original donors to committees and ballot measures. AB 2188 builds upon AB 249 by ensuring that these improved campaign finance regulations also apply to ads appearing on social media platforms."
The provisions of this bill that require specified online platforms that sell political ads to maintain a downloadable record with information about those political ads are similar to the federal "Honest Ads Act," which is pending in the US Senate. The Honest Ads Act – which is contained in S. 1989 – is a bipartisan bill that was introduced last October. In addition to requiring online platforms to maintain public records about the purchasers of political ads on their platforms, S. 1989 expands federal campaign laws to include paid Internet and paid digital communications within the types of communications that are covered by those laws. S. 1989 also requires all advertising platforms to make reasonable efforts to ensure that paid advertising on their platforms does not violate federal laws that prohibit foreign nationals from attempting to influence elections through donations, expenditures, or other things of value.
Last year, the Legislature approved and the Governor signed AB 249 which significantly changed the content and format of disclosure statements required on specified campaign ads in a manner that generally required such disclosures to be more prominent. AB 249 also established new requirements for determining when contributions are considered to be earmarked, and imposed new disclosure requirements for earmarked contributions to ensure that committees are able to determine which contributors must be listed on campaign ads. AB 249 is commonly known as the "Disclose Act." The passage of AB 249 marked the culmination of seven years of debate and negotiation over similar legislation.
California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0003062
Date of Hearing: May 23, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2188
Author:(Mullin) – As Amended Ver:May 9, 2018
Policy Committee: | Elections and Redistricting | Vote: | 5 - 2 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires online social media platforms, as defined, that sell political advertisements to maintain downloadable records with specified information about those political advertisements. This bill makes various changes to the format for disclosures on electronic media advertisements required by existing law, and requires new disclosures to be included on specified electronic media advertisements paid for by political parties or candidates. Specifically, this bill:
- Requires an online platform, as defined, to do all of the following:
- Display a hyperlink with the text “Who funded this ad?”, “Paid for by”, or “Ad paid for by” on an advertisement paid for by an entity that qualifies as a committee under the Political Reform Act (PRA). If including the text would be impracticable, requires a hyperlink to the landing page of the committee that paid for the ad or a website containing specified disclosures.
- Require the hyperlink to comply with various specified provisions.
- Maintain, and make available for online public inspection in machine readable format, a complete record of any advertisement disseminated on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Specifies information each record must contain.
- Require the records of requests to purchase advertisements on the online platform to be available as soon as possible and those records to be retained for no less than four years.
- Display a prominent button, tab, or hyperlink with the text “View Ads” or similar text, as specified. The button, tab or hyperlink shall link to page clearly showing the complete record listed in c) above.
- Requires a committee that requests to purchase an advertisement on an online platform to provide the online platform with the information necessary for the online platform to comply with its obligations under this bill.
- Excludes email messages from disclosure requirements for electronic media advertisements and instead requires emails paid for by a committee, other than a political party committee or a candidate-controlled committee established for an elective office of the controlling candidate, to include specified disclosures about who paid for the adverstisment in the same manner as an internet website, as specified.
- Requires an advertisement “that is made via a form of electronic media that allows users to engage is discourse and post content.” or any other type of social media, paid for by a political party or a candidate-controlled committee established for an elective office of the controlling candidate, to include a specified disclosures regarding who paid for the advertisement.
- Increases the minimum size, from 8-point font to 10-point font, for disclosures that are required to appear on an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media. Requires such disclosures to be easily readable by the average viewer, and to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic media device that is commonly used to view the form of electronic media. If making the headers fully visible on a commonly used electronic device would be impracticable, requires the cover or header photo of the profile, landing page, or similar location to contain a hyperlink to an internet website, as specified.
- Provides a person who intentionally violates any of the provisions of this bill regarding the obligations of online platforms, as defined, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Fair Political Practices Commission (FPPC) or by any person, for a fine up to three times the cost of the advertisement, including placement costs.
FISCAL EFFECT:
Increased Fair Political Practices Commission first-year costs of $193,000 GF (1 PY plus equipment) and ongoing costs of $185,000 GF for enforcement.
COMMENTS:
- Background and Purpose.
AB 249 (Mullin), Chapter 546, Statutes of 2017, changed the content and format of disclosure statements required on specified campaign advertisements in a manner that generally required such disclosures to be more prominent. AB 249 also established new requirements for determining when contributions are considered to be earmarked, and imposed requirements to ensure that committees are able to determine which contributors must be listed on campaign advertisements. AB 249 is commonly known as the “Disclose Act.” The passage of AB 249 marked the culmination of seven years of debate and negotiation over similar legislation.
According to the author:
AB 2188 builds upon AB 249 by ensuring that these improved campaign finance regulations also apply to ads appearing on social media platforms. Currently, there is no way to determine who is paying for political ads that appear on voter’s Facebook, Instagram, and Twitter feeds. We live in an age where many voters consume political information and news via social media platforms. Because so many are exposed to this type of advertisement through social media use, it is imperative that California’s newly strengthened campaign finance disclosure laws also apply to ads appearing on these platforms.
- Related Legislation. AB 2155 (Mullin), which is also being heard in this committee today, makes various changes to state law governing the content and format of disclosure statements that are required to appear on communications sent by candidates and committees.
- Political Reform Act of 1974. California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Marc Berman, Chair
ABPCA Bill Id:AB 2188 (
Author:Mullin) – As Amended Ver:April 5, 2018
SUBJECT: Political Reform Act of 1974: campaign disclosures: advertisements.
SUMMARY: Requires online platforms that sell political advertisements and have 50 million unique monthly United States (US) visitors or more to maintain a downloadable record with specified information about those political advertisements. Makes various changes to the required format for disclosures on electronic media advertisements that are required by existing law, and requires new disclosures to be included on specified electronic media advertisements that are paid for by political parties or candidates. Specifically, this bill:
- Defines an “online platform,” for the purposes of this bill, as a public-facing Internet website, web application, or digital application, including a social network, ad network, or search engine, which sells advertisements, as defined, and has 50 million or more unique monthly US visitors or users for a majority of months during the preceding 12 months.
- Requires an online platform, as defined, to do all of the following:
- Display a hyperlink with the text “Who funded this ad?” on an advertisement paid for by an entity that qualifies as a committee under the Political Reform Act (PRA). Requires the hyperlink to comply with all of the following:
- Be in the same font and size, which shall be no less than 8-point font, as the online platform’s text stating that the advertisement is an advertisement or is promoted or sponsored.
- Be located adjacent to the text stating that the advertisement is an advertisement or is promoted or sponsored.
- Be clearly clickable; and,
- Be linked to the profile or landing page of the committee that paid for the advertisement, or to an Internet Web site containing any disclosures that are required to appear on an electronic media advertisement pursuant to existing law.
- Be in the same font and size, which shall be no less than 8-point font, as the online platform’s text stating that the advertisement is an advertisement or is promoted or sponsored.
- Maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase an advertisement on the online platform by a committee that purchased five hundred dollars ($500) or more in advertisements on the online platform during the preceding 12 months. Requires each record to contain all of the following:
- A digital copy of the advertisement;
- A description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement was first displayed and last displayed;
- Information regarding the average rate charged for the advertisement;
- The name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, as applicable, and whether the advertisement is in support of or opposition to the candidate or the ballot measure to which the advertisement refers; and,
- The name and identification number of the committee that paid for the advertisement.
- A digital copy of the advertisement;
- Make the records of requests to purchase advertisements on the online platform available as soon as possible and retain those records for no less than four years.
- Display a prominent button, tab, or hyperlink with the text “View Ads” near the top of a profile, landing page, or similar location of a committee that paid for an advertisement in a position that the average viewer will readily see it when viewing that page. Requires the button, tab, or hyperlink to link to a page clearly showing all of the records of requests to purchase advertisements on the online platform.
- Display a hyperlink with the text “Who funded this ad?” on an advertisement paid for by an entity that qualifies as a committee under the Political Reform Act (PRA). Requires the hyperlink to comply with all of the following:
- Requires a committee that requests to purchase an advertisement on an online platform to provide the online platform with the information necessary for the online platform to comply with its obligations under this bill.
- Requires an electronic media advertisement, other than a mass electronic mailing, as defined, that is paid for by a political party or a candidate-controlled committee established for an elective office of the controlling candidate, and that does not support or oppose a ballot measure and that is not paid for by an independent expenditure (IE), to include a specified disclosure regarding who paid for the advertisement.
- Increases the minimum size, from 8-point font to 10-point font, for disclosures that are required to appear on an advertisement made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media. Requires such disclosures to be easily readable by the average viewer, and to be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic media device that is commonly used to view the form of electronic media.
- Provides that a person who intentionally violates any of the provisions of this bill regarding the obligations of online platforms, as defined, for the purpose of avoiding disclosure is liable in a civil or administrative action brought by the Fair Political Practices Commission (FPPC) or by any person for a fine up to three times the cost of the advertisement, including placement costs.
- Makes technical and corresponding changes.
EXISTING LAW:
- Creates the FPPC, and makes it responsible for the impartial, effective administration and implementation of the PRA.
- Defines “advertisement,” for the purposes of the PRA, as any general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures, except as specified.
- Requires advertisements that support or oppose candidates or ballot measures to include disclosure statements in specified circumstances. These required statements may include a disclosure of the committee that is paying for the advertisement, a disclosure of the three top contributors to the committee paying for the advertisement, as specified, and a statement (in the case of an IE supporting or opposing a candidate) that the advertisement was not authorized by a candidate or a committee controlled by a candidate for that office.
- Requires an electronic media advertisement that is an Internet Web site to include any required disclosure statements in a contrasting color and in no less than 8-point font.
- Provides that a person who violates specified requirements for advertisements to include disclosure statements, in addition to specified remedies generally available under the PRA, is liable in a civil or administrative action for a fine of up to three times the cost of the advertisement, including placement costs, as specified. Provides that a person who intentionally violates specified other requirements for advertisements to include disclosure statements for the purpose of avoiding disclosure, in addition to specified remedies generally available under the PRA, is liable in a civil or administrative action for a fine of up to three times the cost of the advertisement, including placement costs, as specified
FISCAL EFFECT: Unknown. State-mandated local program; contains a crimes and infractions disclaimer.
COMMENTS:
- Purpose of the Bill: According to the author:
AB 2188, the Social Media DISCLOSE Act seeks to require online social media platforms to disclose information regarding the funders of political advertisements and to keep a database of the political ads they run. In 2017, the Governor signed AB 249, the California DISCLOSE Act, which made strides in addressing the shortcomings of existing campaign finance disclosure laws. The measure improved the clarity of formatting of disclosures and established new earmarking rules to identify original donors to committees and ballot measures. AB 2188 builds upon AB 249 by ensuring that these improved campaign finance regulations also apply to ads appearing on social media platforms. Currently, there is no way to determine who is paying for political ads that appear on voter’s Facebook, Instagram, and Twitter feeds. We live in an age where many voters consume political information and news via social media platforms. Because so many are exposed to this type of advertisement through social media use, it is imperative that California’s newly strengthened campaign finance disclosure laws also apply to ads appearing on these platforms.
- Federal Honest Ads Act: The provisions of this bill that require specified online platforms that sell political advertisements to maintain a downloadable record with information about those political advertisements is modeled closely after the federal “Honest Ads Act,” which is pending in the US Senate. The Honest Ads Act—which is contained in S. 1989—is a bipartisan bill that was introduced by Senators Amy Klobuchar (D-MN), Mark Warner (D-VA), and John McCain (R-AZ) last October. In addition to requiring online platforms to maintain public records about the purchasers of political advertisements on their platforms, S. 1989 expands federal campaign laws to include paid Internet and paid digital communications within the types of communications that are covered by those laws. S. 1989 also requires all advertising platforms to make reasonable efforts to ensure that paid advertising on their platforms does not violate federal laws that prohibit foreign nationals from attempting to influence elections through donations, expenditures, or other things of value.
While the provisions of S. 1989 and this bill are similar with respect to the information that is required to be maintained by online platforms, there are a couple of key differences. Notably, the federal Honest Ads Act applies not only to campaign advertisements, but also to advertisements that refer to national legislative issues. This bill, on the other hand, applies only to campaign advertisements (though this bill includes advertisements related to ballot measures). On the other hand, this bill requires online platforms to display a prominent link to all ads paid for by a committee on the landing page or similar location of that committee’s presence on the platform. While S. 1989 generally requires online platforms to maintain information about all the ads paid for by a committee to appear on that platform, the federal bill does not include specific requirements for the location of that information to appear for a specific advertiser.
S. 1989 is pending in the US Senate’s Committee on Rules and Administration. - What is an Online Platform? As detailed above, this bill defines the term “online platform” in a manner that limits the term to entities that sell advertisements—as defined in the PRA—and that have 50 million or more unique monthly US visitors or users for a majority of months during the preceding 12 months. Generally, for the purposes of Web analytics, the number of unique visitors to a website is the number of individuals who visited that website during the period of time in question, regardless of the number of times that any individual visited the website. In other words, if a person visited a specific website once a day, every day, for a month that person would be counted as one unique monthly visitor. Similarly, a person who visited a specific website one time in a month would also be counted as one unique monthly visitor. A website that has 50 million or more unique monthly US visitors or users, then, is a site that is visited by 50 million different people in the US over the course of a month. The Census Bureau estimates the current US population at about 327.5 million people, so a website that has 50 million or more unique monthly US visitors is visited by more than 15 percent of the US population in the typical month.
In light of this definition of the term “online platform,” it seems likely that only a very small number of websites will qualify as online platforms, and thus will be subject to the recordkeeping requirements of this bill. It is unclear, however, exactly which entities would meet the unique visitor requirements of this bill. While various private entities track web traffic levels to public websites, there is no single, uniform method for producing those figures or for determining the number of unique monthly visitors that websites receive. Furthermore, the web traffic figures produced by these private entities are not exact – they are estimates of the total traffic that websites receive. This bill does not specify how the number of unique monthly US visitors to a platform would be determined, and as such, it is unclear how a platform or the FPPC would know whether a platform was subject to the requirements of this bill. That lack of clarity could create challenges for enforcement and compliance with this bill. - Disclose Act and Suggested Amendments: Last year, the Legislature approved and the Governor signed AB 249 (Mullin), Chapter 546, Statutes of 2017, which significantly changed the content and format of disclosure statements required on specified campaign advertisements in a manner that generally required such disclosures to be more prominent. AB 249 also established new requirements for determining when contributions are considered to be earmarked, and imposed new disclosure requirements for earmarked contributions to ensure that committees are able to determine which contributors must be listed on campaign advertisements. AB 249 is commonly known as the “Disclose Act.” The passage of AB 249 marked the culmination of seven years of debate and negotiation over similar legislation.
In addition to imposing new requirements for online platforms, as defined, to maintain downloadable records about specified political advertisements, this bill also makes a number of substantive changes to the Disclose Act. Some of the changes that this bill proposes to make to the Disclose Act are inconsistent with negotiated compromises regarding the scope and reach of AB 249. Notably, AB 249 was carefully written to maintain the existing disclosure requirements that applied to advertisements that are paid for by political parties and by candidates' own campaign committees. By contrast, this bill would create new disclosure requirements for electronic media advertisements that are paid for by political parties or candidate-controlled committees established for an elective office of the controlling candidate. Additionally, this bill proposes increasing the required font size for disclosures on certain other electronic media advertisements.
In light of the long legislative process that was required to pass the Disclose Act, including the extensive negotiations between stakeholders over many of the details in that bill, the author and the committee may wish to consider whether it is prudent to begin revisiting significant policy decisions in the Disclose Act before a single statewide election is conducted with its provisions in effect. To avoid making substantive changes to the Disclose Act, the author and the committee may wish to consider amendments to strike "10" and insert "8" on line 15 of page 4 of the bill, and to delete Section 2 from the bill. - Television and Radio Public File: The requirements found in this bill and in S. 1989 to require an online platform to maintain a downloadable record with specified information about paid political advertisements that appear on that platform seem to be modeled loosely after existing provisions of federal law that require radio and television broadcast stations, cable television stations, direct broadcast satellite providers, and satellite radio providers to maintain a “public inspection file” or “public file” that includes specified information about the station’s operations and service to its community. One part of the required “public file” is the “political file,” a file that contains all requests for advertising time by candidates and certain issue advertisers, as well as the deals agreed to by the broadcaster or cable or satellite provider and the advertiser. The political file must also include a description of when political advertising actually aired, the rates charged, and the classes of time purchased. Historically, the public file was maintained in paper form at the station, but recently, the Federal Communications Commission (FCC) began requiring almost all entities to post that information online on the FCC’s website.
- Arguments in Support: A coalition letter in support of this bill sent by a number of organizations, including the California Clean Money Campaign, states:
AB 2188 is a simple yet powerful extension of last year’s AB 249. AB 249 already requires electronic media ads to include a “Who funded this ad?” link to a website with the required top three contributor disclosure. Technically, however, ads on social media and some online platforms like Google ads do not make this possible.
AB 2188 is a direct analog of the bipartisan Honest Ads Act for California elections, and also provides significantly more information to voters because it links to existing AB 249 requirements that social media profile pages clearly list their top 3 funders, with ballot measure ads required to use AB 249’s nation-leading earmarking rules to show the true funders even if they try to hide behind front groups…
AB 2188 closes the current disclosure loophole for online platforms to provide Californians the information they want and need about who's funding social media political ads which skyrocket in importance every election.
- Related Legislation: AB 2155 (Mullin), which is also being heard in this committee today, makes various changes to state law governing the content and format of disclosure statements that are required to appear on communications sent by candidates and committees.
AB 2882 (Harper), which is also being heard in this committee today, lowers, from $500 to $100 per calendar year, the cap on the amount of dues, assessments, fees, and similar payments that may be made to a membership organization or its sponsored committee from a single source for the purpose of making contributions or expenditures without being considered earmarked for the purposes of a specified provision of law. - Political Reform Act of 1974: California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
REGISTERED SUPPORT / OPPOSITION:
Support
California Church Impact
California Clean Money Campaign
California Common Cause
California League of Conservation Voters
Californians for Disability Rights
CALPIRG
End Citizens United - Fight For Reform
Endangered Habitats League
League of Women Voters of California
LegitAction
Lutheran Office of Public Policy
Maplight
Money Out Voters In
People for the American Way
Public Citizen
Represent.Us
Women's Institute for Freedom of the Press
Opposition
None on file.
Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094
Discussed in Hearing
3MIN
Senate Floor
4MIN
Assembly Floor
1H
Senate Standing Committee on Appropriations
2MIN
Senate Standing Committee on Appropriations
12MIN
Senate Standing Committee on Elections and Constitutional Amendments
9MIN
Assembly Floor
21MIN
Assembly Standing Committee on Elections and Redistricting
Bill Author
Bill Co-Author(s):
