Towards new rules on transparency and targeting of political advertising [EU Legislation in Progress]

Written by Kamil Baraník (3rd edition, updated on 26.04.2024).

Political advertising is central to informing and influencing how people vote, and may affect citizens’ perceptions of the legitimacy of their political system, mainly when published in the run-up to elections. Therefore, rules governing political advertising are vital to guaranteeing citizens’ fundamental rights and the integrity of democratic processes. However, traditional campaigning regulations can be ineffective or difficult to enforce online, where new techniques are utilised to target potential voters, with tailored political messages based on large amounts of personal data revealing their preferences, demographic attributes and personality traits.

To address the new challenges posed by political campaigns, the European Commission proposed a harmonised set of rules on the transparency and targeting of political advertising applicable to both online and offline political advertising. The Council adopted its mandate for negotiations in December 2022, and the Parliament its own mandate in February 2023. After lengthy deliberations, the co-legislators reached agreement in November 2023, and adopted the new regulation in early 2024. It entered into force on 9 April 2024, and most provisions will take effect on 10 October 2025. However, those ruling out discrimination by providers of political advertising services based on place of residence or establishment of the advertising European political party or sponsor thereof take effect immediately, i.e. in time for the 2024 European elections.

Versions

• April 2024: Towards new rules on transparency and targeting of political advertising (3rd edition)