In an effort to prevent Russian meddling and other dark forces from impacting New York elections, the state Assembly passed the “Democracy Protection Act” Wednesday that would require Facebook and other social medial platforms to disclose the source behind their digital political ads.
“Social media and digital advertising have drastically changed how we receive political advertisements today,” said Assembly Speaker Carl Heastie (D-Bronx).
“The most recent election brought to our attention a serious need to reevaluate how we safeguard our electoral process to ensure the integrity of our democracy.”
Under federal law, most political advertising on television and radio must disclose the organization or individual paying for the advertisement.
But the law does not include online political advertisements.
The legislation would expand New York State’s definition of political communication to include paid internet and digital ads.
It would also require digital and social media platforms to maintain a public file for all political ads purchased by a person or a group for at least five years.
The bill would additionally prohibit any foreign government or agent from registering an independent expenditure committee and require online platforms to make effort to ensure that foreigners are not buying digital ads to influence elections.
The proposed law would only cover New York elections, not federal elections.
“Russia hacked our elections. If Washington is not going to act, let the states act,” Cuomo said during a conference call with Heastie.
First Amendment expert Floyd Abrams and Michael Waldman, president of the Brennan Justice Center, who were both on the conference call with reporters, endorsed the measure. Abrams said the measure complies with free speech rights.
The Republican-controlled state Senate said it is studying the issue.
Gov. Cuomo challenged social media outlets to help crack down on Russians and other forces from tampering by complying with the new reporting requirements for political ads.
“Either they are part of the solution or part of the problem,” the governor said.
Failure to comply with the disclosure requirement would result in a civil fine of up to $1,000 or the cost of the advertising, said the bill’s sponsor, Assemblyman Kenneth Zebrowski (D-Rockland).