Promoting Authenticity with Influencer Disclaimers Act

This Act may be cited as the “Promoting Authenticity with Influencer Disclaimers Act”.

(a) Requirement.— Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120) is amended by adding at the end the following new subsection:

“(e) Special disclaimer for certain communications.—

(1) Requirement.— Whenever a political committee makes a disbursement for the purpose of financing any communication by a person to post content on an internet website, web application, or digital application, such communication shall state in a clear and conspicuous manner that the communication has been paid for by such political committee.

(2) Clear and conspicuous manner.— A statement required under this subsection shall be considered to be made in a clear and conspicuous manner if the statement meets the following requirements:

(A) Audiovisual, text, or graphic communication.— In the case of an audiovisual, text, or graphic communication, the statement is readily legible to an average viewer.

(B) Audio only communications.— In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner.

(3) Notification requirement.— A political committee described under paragraph (1) shall notify the person to whom the disbursement is made of the requirement under paragraph (1) at the time such disbursement is made for the communication.

(4) Exception.—

(A) In general.— This subsection shall not apply to—

(i) content posted on a political committee’s own website; or

(ii) 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.

(B) Special rule.— This exception shall not apply if the compensated employee’s principal duties are to post content on their own social media page or account.

(5) Regulations.— Not later than January 1, 2027, the Commission shall promulgate regulations to carry out this subsection.”.

(b) Effective date.— The amendments made by this section shall apply with respect to communications made on or after January 1, 2027, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.