LESSONS FOR REGULATING CAMPAIGNING ON SOCIAL MEDIA what appeared to be an atypical and coordinated communications strategy that tied directly to the party’s platform was sufficient to establish liability, particularly as the party made no effort to distance itself from the posts. As a penalty, the Tribunal upheld a $150,000 peso fine for the Green Party. Similar cases have come up around Mexican elections in the past year that have resulted in imposition of penalties by the INE that are likely to be appealed. In one case, the Green Party is accused of hiring social media influencers to promote their candidates during the campaign silence period ahead of election day. 36 In another, a gubernatorial candidate is accused of violating campaign finance rules through promotion on his wife’s social media accounts. These were considered by INE to be in-kind contributions, as his wife is an influencer, and the INE considers her social media accounts as a business. 37 While rulings in these cases had not yet been passed down at the time of publication, they both illustrate a campaign tactic that is increasingly common across the globe and remains largely unregulated: the degree and nature of disclosure required regarding paid or otherwise beneficial relationships between political actors and third party online influencers. Conclusion: What do these cases tell us about efforts to regulate campaigning on social media? One of the main themes identified in this analysis is the importance of developing campaign regulations that go beyond extending provisions for traditional media. Legislators and regulators need to consider the important ways in which social media platforms differ from traditional media outlets, and what rules are needed to ensure that they contribute to an equal playing field for all candidates. Several of these differences have been identified by the courts in these cases – such as the lack of an editorial process and the involvement of new actors, from normal citizens to social media influencers – as has the need for a careful consideration of proportional remedies and more nuanced provisions that do not impose overly broad restrictions on speech. However, even as more is done by legislators and regulators to create tailored rules for digital campaigning, technology will likely continue to outpace the introduction of new regulations. As a result, courts will continue to be called upon to rule in gray areas, playing an important role in protecting fundamental rights and ensuring fair and level campaign environments. Given this reality, it is important for courts to understand how platforms work in practice. While needs will differ depending on the country context, training, education, and resources could be useful to help judges understand the unique aspects of social and digital media and how they may clarify the types of conduct that might constitute online campaign violations. For instance, the Observatory on Social Media, a working group under the Global Network for Electoral Justice, is developing some of these resources – first up, a forthcoming Glossary on Digital Media and Elections that is being designed specifically for judges. 36 Entrepreneur, Influencers sold? Agency that hired the figures who spoke during the electoral ban changes its name (June 9, 2021), available at https://www.entrepreneur.com/article/374111. 37 Mexico News Daily, Party hit with 55mn peso fine for Instagram support by candidate’s wife (July 23, 2021), available at https://mexiconewsdaily.com/news/party-hit-with-55mn-peso-fine-for-instagram-support/. 10