Regulating Political Advertisement in the United Kingdom: A Case for Extending the Statutory Ban of Political Advertisement on Television and Radio to Digital Platforms

AuthorMariam Hawath
PositionThe London School of Economics and Political Science, GB
Pages179-208
2021 LSE LAW REVIEW
179
Regulating Political Advertisement in the United
Kingdom: A Case for Extending the Statutory Ban of
Political Advertisement on Television and Radio to
Digital Platforms
Mariam Hawath*
ABSTRACT
The question of political advertising on digital platforms continues to divide stakeholders;
major players in this industry have adopted differing policies with regards to this type of
advertising. This paper argues that it is time for lawmakers in the United Kingdom to consider
a statutory ban on political advertising on digital platforms similar to the one imposed on
television and radio broadcast as per the Communications Act 2003. Given the possible analogy
between traditional broadcasting content and platform content, it is now untenable to apply
distinct regulatory regimes. Additionally, there are clear drawbacks in leaving online platforms
free to self-regulate on this issue. Combined, the similarities between platforms and traditional
broadcasters and the flaws of self-regulation provide an argument in favour of extending the ban
on political advertising to digital platforms.
* Mariam Hawath is a Legal Trainee at noyb - European Center for Digital Rights, an NGO
based in Vienna, Austria which specialises in strategic litigation to enforce data protection
law throughout the European Union. She holds an LLB Bachelor of Laws degree in Law
with French Law from University College London, as well as an LLM Master of Laws
degree in Competition, Innovation and Trade Law from the London School of Economics
and Political Science.
Extending the Statutory Ban of Political Advertisement to Digital Platforms Vol. VI
180
INTRODUCTION
While internet advertising is incredibly powerful and very effective for
commercial advertisers, that power brings significant risks to politics, where
it can be used to influence votes to affect the lives of millions.1
The question of political advertising continues to divide digital platforms
which host them.2 Whilst Twitter has banned all political advertising,3 Facebook’s
position tends to change depending on the situation.4 Google, on the other hand,
aims for the middle ground; the platform imposes restrictions on the use of
targeted political advertisement without prohibiting it outright.5
Contrastingly, political advertisement on television and radio in the United
Kingdom is strongly regulated as a result of a legislative prohibition. As such,
current debates on online content moderation raise an important question. Should
political advertisement on digital platforms available to a UK-based audience be
regulated in a way similar to television and radio under the Communications Act
2003?
To answer this query, this paper will first outline in Section I the United
Kingdom’s current regulatory regimes applicable to p olitical advertising on both
television and radio broadcast and digital platforms.
In Section II, an analogy between television and radio broadcasting content
and content on digital platforms will be drawn. This will include an analysis of the
1Jack Dorsey (Twitter, 30 October 2019)
1189634360472829952> accessed 14 January 2020.
2Political advertising, in the context of television and radio broadcast as well as on digital
platforms, specifically refers to paid-for content made available to users.
3Dorsey (n 1).
4Tech Crunch, ‘Facebook will tu rn all US political advertising off a gain after Georgia
runoffs’ (Tech C runch, 6 January 2021)
political-ad-ban-returns-after-ga-runoffs/> accessed 26 January 2021.
5Scott Spencer, ‘An update on our political ads policy’ (Google Blog, 20 November 2019)
accessed
14 January 2020.

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