(a) (1) If a committee pays a person to post content on an internet website, web application, or digital application for the purpose of supporting or opposing a candidate for elective office or a ballot measure, the person shall concurrently include a disclaimer with that content stating that the person was paid by the committee in connection with the posting.

(2) The disclaimer required by this subdivision shall be readily legible to an average viewer or, if the content is in audio format, shall be clearly audible. A disclaimer that states, or is substantially similar to, the following satisfies the requirement in this subdivision: “The author was paid by [name of committee and committee identification number] in connection with this posting.”

(3) This subdivision does not apply to the following:

(A) Content requiring a disclosure pursuant to Section 84504.3 or subdivision (c) of Section 84511.

(B) Content posted on the committee’s own website, profile, or landing page by a person compensated by the committee to post such content.

(C) Content posted by a compensated employee of a committee on the employee’s own social media page or account where the only expense or cost of the communication is compensated staff time. This exception shall not apply if the compensated employee of the committee’s principal duties are to post content on their own social media page or account.

(b) A committee described in subdivision (a) shall notify the person paid to post the content of the requirement to include a disclaimer.

(c) (1) Notwithstanding any other provision of this title, a person in violation of subdivision (a) is not subject to administrative, civil, or criminal penalties under this title.

(2) If a person violates subdivision (a), the Commission may seek injunctive relief to compel compliance pursuant to Section 90009 after the person is notified of the requirement in subdivision (a).

(Added by Stats. 2023, Ch. 156, Sec. 1. (SB 678) Effective January 1, 2024.)