Jonah Patel
The UK's political campaign advertising landscape is complex and ever-evolving, with online platforms playing an increasingly pivotal role in hosting political discourse. While traditional media still holds sway, the rise of social media and digital advertising has sparked concerns about foreign interference and the spread of misinformation. The UK's regulatory framework for political advertising is considered light touch, with the Advertising Standards Authority (ASA) and the CAP Code at its centre. The ASA's remit, however, does not extend to broadcast political advertising, which is prohibited by the Communications Act 2003. This exemption has raised questions about the impartiality of the ASA and the need for better regulation of online political advertising to ensure voters are not left vulnerable to powerful campaigns.
| Characteristics | Values |
|---|---|
| Paid advertisements | Forbidden |
| Party political broadcasts | Allowed |
| Broadcast media | Banned on TV and radio |
| Non-broadcast media | Exempt from regulation |
| Online political advertising | 42.8% of total ad spending in 2017 |
| Streaming services | No ban on political ads |
| Social media | No regulation |
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What You'll Learn
- Political campaign commercials on traditional TV channels are banned in the UK
- Paid political advertisements are allowed on streaming services and social media
- Spending limits for political parties on election campaigns have doubled since 2019
- The UK has avoided the political attack ads prevalent in American elections
- Online political advertising is largely exempt from regulation
Political campaign commercials on traditional TV channels are banned in the UK
The UK's ban on political campaign commercials on traditional TV channels is intended to improve the quality of public debate and prevent wealthy political parties from dominating the conversation. It also helps to prevent the kind of political attack ads that are common in American elections. However, the rise of streaming services and the decline of traditional broadcast channels have created a loophole that political parties are keen to exploit.
While political campaign commercials are banned on traditional TV channels, they are allowed on streaming platforms and video-sharing websites such as YouTube, as well as on social media networks such as Facebook. This has raised concerns about the potential for foreign interference in UK elections, as well as the lack of clarity around who is funding these online political ads. The UK's media regulator, Ofcom, has considered the challenges that digital campaigns bring to the country's election and referendum rules.
In addition to the ban on traditional TV channels, political advertising in the UK is subject to spending limits. These limits apply regardless of the medium used, whether it is a longstanding advertising technique like printed mailshots or billboards, or newer methods like emails and online ads. The UK's Advertising Standards Authority (ASA) also regulates non-broadcast political advertising, ensuring that all adverts are "legal, decent, honest, and truthful." However, following the 1997 General Election, the Committee of Advertising Practice decided to exclude political advertising from the ASA's remit to protect the ASA's impartiality.
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Paid political advertisements are allowed on streaming services and social media
In the United Kingdom, paid political advertisements are prohibited on television and radio. However, this ban does not extend to streaming services and online platforms, where political parties can pay to promote their campaigns. This loophole in the legislation has raised concerns about the potential impact on voters and the integrity of the democratic process.
The UK has a long-standing ban on political advertising on traditional television channels, which was introduced to improve the quality of public debate and prevent wealthy political parties from dominating the airwaves. This ban, last updated in 2003, is enforced by the Office of Communications (Ofcom) and applies to both television and radio advertising.
However, the rise of streaming services and online platforms has created a grey area in the legislation. Streaming platforms such as ITVX and video-sharing platforms like YouTube are not subject to the same regulations as traditional television channels. Similarly, social media networks, including Facebook, are not bound by the same restrictions on political advertising.
This loophole presents an opportunity for political parties to reach voters directly through their screens. With audiences increasingly moving away from traditional broadcast channels, political parties are preparing to invest significant sums in digital advertising. This shift in strategy is evidenced by the predicted increase in spending on the upcoming general election campaign, from £19.5 million in 2019 to £35 million.
While the impact of targeted digital advertising is not yet fully understood, there are concerns about the lack of transparency and the potential for foreign interference in election campaigns. The rise of online political advertising has prompted calls for tighter regulations to ensure voters are not left vulnerable to manipulation. However, others argue that self-regulation by tech companies and adherence to local laws are sufficient to address these concerns.
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Spending limits for political parties on election campaigns have doubled since 2019
In the United Kingdom, political parties are prohibited from buying television adverts. This ban was introduced in 1955 when commercial television began, and was last updated in 2003. The aim was to improve the quality of public debate and prevent wealthy political parties from dominating the conversation. Instead, parties are given airtime through party political broadcasts, which are not classified as advertising.
However, this ban only applies to traditional television channels, and not to streaming services delivered over the internet. With audiences increasingly moving away from traditional broadcast channels, political parties are preparing to take advantage of this loophole. ITV, for example, is considering taking paid ads from parties on its streaming platform, ITVX.
In addition to this, the amount of money that national political parties can spend on a general election campaign has increased from £19.5 million in 2019 to £35 million for the next general election. This change was announced by Michael Gove, and the additional money is expected to be spent on digital advertising. Smaller political parties have expressed concern that they will be outspent and will have to rely on the limited number of free party political broadcasts.
In the UK, spending limits only apply to party spending during the 365 days before polling day, known as the 'regulated period'. These limits were increased in November 2023 to account for inflation, rising by 80% since they were instituted in 2000.
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The UK has avoided the political attack ads prevalent in American elections
The UK has historically avoided the political attack ads that are prevalent in American elections. Since 1955, British political parties have been banned by law from buying television adverts. The Television Act 1954 was designed to improve the quality of public debate and prevent wealthy groups from having unequal access to advertising. This ban was last updated in 2003 and does not apply to streaming television or online advertising.
In the US, political campaigns have long used attack ads to influence voters. These ads often employ fear and guilt to encourage voters to take action and protect their interests. For example, the famous "Daisy" ad, used during Lyndon Johnson's 1964 presidential campaign, framed his Republican opponent Barry Goldwater as a reckless warmonger. More recently, in the 2018 midterm elections, a radio ad from Arkansas suggested that "Democrats will start lynching black folks again".
While the UK has traditionally avoided such negative advertising, this may be changing. In 2024, ITV considered taking paid political ads on its streaming platform, ITVX, for the first time. This decision was influenced by a rule change that increased the amount national political parties could spend on a general election campaign, as well as the rise of streaming and social media, which are not covered by the 1954 Act.
This shift has led to concerns that British politics will become more divisive, with political parties taking advantage of the lack of regulation in the online space to play dirty. However, others argue that attack ads can be effective tools for revealing who is funding a campaign and what interests they represent.
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Online political advertising is largely exempt from regulation
In the UK, political advertisements are banned from being broadcast on TV or radio under the Communications Act 2003. Instead, parties are given airtime via party political broadcasts, which are not classified as advertising. This legislation is enforced by the Office of Communications (Ofcom). However, non-broadcast political advertising, which includes leaflets, newspapers, and social media sites, is largely exempt from regulation.
The lack of regulation in online political advertising has raised concerns among civil society groups and government bodies, including the Electoral Commission, the Centre for Data Ethics, and the Department for Data, Culture, Media, and Sport. Public concerns have been raised over data privacy, transparency, misinformation, and the role of big tech in the democratic process. While there is a general consensus that online political advertising should be regulated, there are several challenges hindering progress.
One major challenge is the lack of a clear definition or scope of oversight. It is difficult to define what constitutes an "online political advert", and the speed and scale of the online sphere make it hard for regulatory efforts to keep up with the vast amount of content on various platforms in real time. Another issue is political reticence, where there is a lack of political will to prioritize regulatory reform due to concerns about the independence of the system being compromised by rulings for or against political parties.
Conflicting policy proposals further complicate the matter. There is a lack of consensus on whether regulatory reform should focus on advancing transparency measures or implementing sanctions for inaccurate advertising. While some propose greater transparency regarding targeting information, finances, and sponsorship, others call for restrictions on fundamentally inaccurate advertising during elections or referendums.
In conclusion, while online political advertising in the UK is largely exempt from regulation, there are growing calls for change to address the risks and challenges posed by digital campaigns. Overcoming the barriers to regulation will be crucial to ensuring the integrity of the democratic process and protecting voters from misleading or manipulative content.
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Frequently asked questions
Yes, there are political campaign ads in the UK. However, political ads are banned from being broadcast on TV or radio by the Communications Act 2003.
The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) applies to all non-broadcast advertising in the UK. The Advertising Standards Authority (ASA) enforces the CAP Code. However, non-broadcast political advertising is exempt from the ASA's remit. Instead, Ofcom, the broadcasting regulator, enforces the Communications Act 2003, which prohibits political ads on TV and radio.
Electoral law doesn't require claims in political campaigns to be truthful or factually accurate. However, it is a crime to make or publish false statements about a candidate's personal character or conduct. There are also limits on spending during an election or referendum, and the UK Statistics Authority can complain if it believes official statistics have been misused.
There are concerns about the lack of comprehensive regulation of online political advertising, the risk of foreign interference, and the use of social media to target voters with refined campaign messages.
