Why the ASA doesn’t regulate political advertising – ASA

2024 will be an important year for politics and the democratic process. A variety of local elections are being held across England and Wales today, including for mayors, city councils, police and crime commissioners. A general election in the UK must be held by the end of January 2025. And globally, elections will be held in more than 80 countries this year. This means that more than half of the world’s population has the opportunity to vote.

All of them, or more, will likely see or hear political ads aimed at persuading voters to vote for a party or candidate. In the UK, political advertising not only informs and sometimes entertains, but it can also provoke and divide opinion. However, unlike other advertising, it is not subject to advertising rules that prohibit misleading, damaging, or potentially offending advertising.

As we approach a general election in the coming months, we are reminding people why we do not regulate the claims we see in political ads. We also guide people who are concerned about the political movements they see and hear in the lead-up to the election to resources available to them.

The state of political advertising

Influencing voters in elections is all part of the democratic process, but truth matters. In 2019, the Election Commission warned that misleading election methods risked undermining confidence in elections. And in 2020, the Lords Democracy and Digital Technologies Committee’s Restoring Trust Report called on political parties to work with regulators, including the ASA, to develop a code of practice for political advertising, with appropriate sanctions. parliamentary elections, mayoral elections, or referendums.

Political parties and campaigners are increasingly using digital advertising to reach and influence potential voters. That includes partnering with influencers to capture different age groups and demographics. There are concerns about how technology could be used to interfere with election results, especially in the hands of hostile foreign countries, especially leveraging AI and speech that could be harmful to one’s country. There are concerns that this could be done by creating “deepfakes” of politicians that appear to be acting in a similar manner. Popularity among voters.

Voter support and advice

Electoral commissions may have concerns about who is funding the ads, the accuracy of the statistics behind the claims, or how their data is being used for targeting. We’ve put together some helpful resources for voters. The report highlights the role that other agencies, such as the Statistics Regulation Authority and the Information Commissioner’s Office, play in regulating various aspects of political campaigns.

And to help people understand the ads they’re likely to see ahead of the election, Media Smart has teamed up with the Advertising Association to create new resources to help improve political literacy. It provides a guide to election advertising rules, provides signage for fact-checking services, and highlights the threat of misinformation and how to counter it. It is especially aimed at young people who are preparing to vote for the first time. Research shows they are significantly less likely to trust political ads than commercial ads.

For them there are few rules, for others there are many…

Currently, political advertisements are prohibited from being broadcast on television or radio under the Communications Act 2003. Instead, airtime is given through party political broadcasts, which are not classified as advertisements. However, claims in advertisements in non-broadcast media (online, posters, newspapers, etc.) whose primary role is to influence voters in local, regional, national or international elections or referendums are managed by the ASA. Exempted from his CAP code.

So why can political parties act with apparent impunity when making non-statistical claims in advertisements and other election materials? In particular, we at the ASA want to ensure that other advertisers in the UK Do you understand and sympathize with those who demand that political advertising be held to the same standards that must be adhered to?

There are several good reasons.

unwilling party

The regulation of (primarily commercial) advertising is very different from the regulation of political advertising, which forms part of the democratic process. And, putting aside the principle of whether a non-statutory regulator like the ASA should intervene in the process, what seems simple in theory is complex in practice.

Before tackling the difficult question of how, an important first step must be for each political party to agree that advertising claims will be regulated. If not, what powers does the advertising regulator have to intervene?

One of the strengths of the ASA system is the support and cooperation we receive from the overwhelming majority of UK businesses, who typically comply with both our rules and decisions. And one of the reasons our system completely retreated from regulating political advertising in the late 1990s was because of the curtailment of free speech surrounding democratic elections without explicit mandates from political parties. It was a concern. Despite calls, political parties remain reluctant to be regulated.

Regulatory challenges

An effective advertising regulatory system must not only have legitimacy, but also adequate funding, a carefully defined scope, and the ability to withstand political pressure.

Funding is critical because it is likely to be costly to quickly regulate political advertising in order to take effective action before Election Day. Unless costly interventions such as mandatory pre-screening are introduced, more complex or contested claims will require careful investigation and judgment, even if they emerge late in an election campaign. Dew. If the impression of an important ruling changes only after the votes are counted and the winner is announced, the public would understandably feel that there is no change.

Careful investigation and judgment need to be made expeditiously, respecting established principles of good regulation, including making appropriate, consistent, accountable, and targeted evidence-based decisions. there is. Regulators are different from fact-checking services. They must provide a reasonable right of response and are subject to judicial review if they get it wrong.

Therefore, making quality decisions quickly and diligently is not only expensive but also difficult.

The scope of the political advertising regulatory system will need to be carefully considered. Given the important and necessary protections enjoyed by freedom of political expression, the law should restrict only statements of fact that are patently misleading and resemble expressions of opinion or predictions of the future, even if controversial. It may be wise to consider establishing a narrow mandate to avoid being drawn into. (Of course, one person’s statement of fact is another’s statement of opinion, so it can be difficult to even distinguish between them.) And the media is faced with the unenviable decision of whether to narrow its scope to only paid advertising. You will face it. Owners and platforms can more easily play the role of gatekeepers. The bottom line is whether to sacrifice inclusivity on the altar of expediency.

Finally, even if the parties agreed to independent regulation, they could not take it to regulators if it was their own advertising, rather than the other party’s, that was prohibited. Regulators don’t want to be a political football.

Not a good organization to lead, but ready to help

There is no doubt that the above requirements are difficult, if not insurmountable. The ASA is a non-statutory regulator that is primarily funded by advertisers and is not the best suited body to take the lead on political advertising regulation, but we are open to cooperating if there is political will. . You can share your experience regulating non-political advertising. They could also consider how they can contribute in more collaborative arrangements, drawing on the skills and approaches of other regulators and sharing reputational risks.

However, because this issue touches on the very foundations of democracy, political parties need to take a vital first step. That means agreeing to adhere to roughly the same standards that society expects from businesses.

Please give us your opinion

So what happens to today’s masses? The best course of action for anyone concerned about political advertising that is not addressed by existing regulators is to exercise their democratic right to contact the responsible party and tell them what they think. In the age of social media, it’s never been easier. Use your platform to share your thoughts with them and your followers. Do it constructively and respectfully.

Read more about the recent announcement that broadcaster streaming services such as ITVX may allow political advertising on their platforms for the first time.

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