One of the fundamental aspects of free and fair elections is that voters are able to follow the money. The right to know who is financing political campaigns and political advertising should be considered sacrosanct for a functioning democracy.
Fortunately, that is the case in Washington. But Meta, the parent company of Facebook and Instagram, is seeking to undermine state law in favor of secrecy and opaqueness. At a time when election integrity and transparency are facing persistent threats, state officials are rightly defending the people of Washington and a system that is regarded as the best in the nation.
As Attorney General Bob Ferguson said: “If Meta’s cynical attempt to strike down Washington’s campaign finance law succeeds, Washingtonians will lose the right to see in real time who is funding political ads and how much money they’re spending. Let’s be clear – this multinational corporation is trying to undermine transparency in our elections.”
The Washington State Public Disclosure Commission was created with voter passage of Initiative 276 in 1972. The impetus for the law is that, “The public’s right to know of the financing of political campaigns and lobbying and the financial affairs of elected officials and candidates far outweighs any right that these matters remain secret and private.”
Washington has embraced that ethos for 50 years, adjusting it for the digital age in which transparency can be instantaneous. As part of that accountability, advertising platforms are required to provide details such as the name and address of people paying for political ads and the cost of the ad.
Digital platforms also must provide demographic information about the population targeted by a particular advertiser. It is not a coincidence if a particular kind of political ad continually pops up on your Facebook feed; information compiled by digital companies allows them to target certain demographics with precision.
Meta, which is involved in an ongoing lawsuit with the state, would prefer to lurk in the shadows of secrecy. The company asserts that Washington law violates the First Amendment by unfairly targeting political speech and calls for unreasonable levels of disclosure.
Ferguson responded: “If our local newspapers and TV stations provide information to Washingtonians regarding their political ads, so can one of the most sophisticated corporations on the planet.”
Rather than pander to advertisers, Washington law effectively serves the public. The Coalition for Integrity, a nonprofit organization that promotes transparency and accountability, has ranked the state’s campaign finance laws as the best in the nation, noting Washington’s strong oversight and sanctioning power.
In 2018, Facebook agreed to pay a $238,000 fine for violating state campaign laws; last year, Google settled a lawsuit for $423,000 over the same issue. The current lawsuit alleges Meta continued to publish political ads in the state after promising to stop, and now the company is essentially saying it didn’t break the rules, but if it did the rules are unfair.
It is a specious argument that should be rejected by the courts.
Ferguson said in a court filing: “This statute serves the vitally important purpose of informing the public about efforts to influence Washington elections. That purpose has never been more important than it is today, as foreign actors and others aggressively spread election disinformation, including on Facebook.”
Fighting that by demanding transparency is an important step in protecting our democracy.
