For as much as Facebook wants to say it’s not interested in politics, it just can’t seem to keep from getting its hand caught in the political cookie jar.
This week, Facebook’s parent company found itself on the receiving end of a $US24.7 million fine (around $34 million in Aussie terms) for allegedly violating Washington State campaign finance disclosure laws 822 times in less than four years. If Meta ends up paying it (which they don’t exactly seem eager to do) the fine would represent the largest campaign finance penalty ever levied in the United States.
In his ruling Washington State judge Douglass North said Meta “intentionally violated” Washington’s Fair Campaign Practices Act 822 times since December 2018. The intentional distinction there is important because fines for each individual violation tap out at $US10,000 ($13,882). Those can be tripled though if a judge rules the violations were intentional. The nearly $35 million fine now represents the maximum allowed for the violations.
“I have one word for Facebook’s conduct in this case — arrogance,” Washington State Attorney General Bob Ferguson said in a statement.
Washington’s campaign finance laws, stricter than many other states, require Meta and any other ad sellers in the state to track and maintain identifying details about its advertisements. Those details include the names of individuals who purchased the ads, who those ads were targeted to, and the total number of views for each of those ads. Meta has vigorously opposed the disclosure laws on principle even going as far to call the law unconstitutional in court. In past arguments, the Associated Press notes, Meta’s argued the transparency laws “unduly burdens political speech” and are difficult for them to comply with.
“That’s breathtaking,” Ferguson added. “Where’s the corporate responsibility? I urge Facebook to come to its senses, accept responsibility, apologise for its conduct, and comply with the law.”
This isn’t Meta’s first tussle with Washington regulators. In 2018, the company agreed to fork over $US238,000 ($330,392) as part of a lawsuit accusing the company of failing to produce campaign advertising records. Meta also agreed to commit to greater transparency in its campaign advertising, however, Ferguson claims the company nevertheless, “continued to run Washington political ads without maintaining the required information.” Ferguson sued again in 2020.
A Meta spokesperson told Gizmodo they were unable to comment on ongoing litigation.
The campaign finance disclosures come amid increased scrutiny of Meta by some advocates for its preparedness — or lack thereof — ahead of the 2022 midterm elections. Back in 2020 Meta, then called Facebook, made election integrity efforts a “top priority” at the company. Reporting from the New York Times earlier this year however notes the company has since dispersed the core of its elections team leaving just around 60 workers focused primarily on the elections at the time.
This week, partly in response to those findings, tech watchdog organisation Accountable Tech ran a $US250,000 national television ad attacking the company for allegedly, “rolling back election integrity safeguards ahead of the upcoming midterms.”