Whenever you encounter an advertisement—be it for a new breakfast cereal, a mobile phone, or a car bought on finance—you trust that what you are reading is truthful. This confidence stems from the oversight enforced by the Advertising Standards Authority (ASA), which ensures that all “general” advertisements are legal, decent, honest, and truthful. However, this level of scrutiny remains absent when it comes to non-broadcast political advertising, leaving a significant gap in consumer protection. This article delves into the complexities of political advertising, drawing insights from experts like Lord Black of Brentwood and IPM Board Member Graham Temple to explore the pressing need for solutions in an AI world.

Whenever you encounter an advertisement—be it for a new breakfast cereal, a mobile phone, or a car bought on finance—you trust that what you are reading is truthful. This confidence stems from the oversight enforced by the Advertising Standards Authority (ASA), which ensures that all “general” advertisements are legal, decent, honest, and truthful. However, this level of scrutiny remains absent when it comes to non-broadcast political advertising, leaving a significant gap in consumer protection. This article delves into the complexities of political advertising, drawing insights from experts like Lord Black of Brentwood and IPM Board Member Graham Temple to explore the pressing need for solutions in an AI world.

Why Political Ads Need Oversight

As voters across England and Wales prepare for local elections, there’s a noticeable shift in how political parties are reaching out to constituents. According to the Electoral Reform Society, in 2017, campaigners in the UK spent nearly half (43%) of their total advertising budget on online advertising, compared to less than 1% (0.35%) of their total advertising budget in 2011. The absence of regulatory oversight has potentially opened the door to misleading claims, unfounded statistics, manipulated videos, and leaflets resembling local newspapers, exemplified by the infamous “Brexit bus” which made unfounded claims that leaving the EU would provide £350 million per week to the NHS. Unfortunately, purchasing everyday items like soap powder is subject to far more stringent protection than the information offered to voters when deciding the country’s future. This disparity underscores the pressing need for regulatory reforms in political advertising to safeguard the integrity of democratic processes and ensure informed decision-making among the electorate.

Why Political Ads Need Oversight

As voters across England and Wales prepare for local elections, there’s a noticeable shift in how political parties are reaching out to constituents. According to the Electoral Reform Society, in 2017, campaigners in the UK spent nearly half (43%) of their total advertising budget on online advertising, compared to less than 1% (0.35%) of their total advertising budget in 2011. The absence of regulatory oversight has potentially opened the door to misleading claims, unfounded statistics, manipulated videos, and leaflets resembling local newspapers, exemplified by the infamous “Brexit bus” which made unfounded claims that leaving the EU would provide £350 million per week to the NHS. Unfortunately, purchasing everyday items like soap powder is subject to far more stringent protection than the information offered to voters when deciding the country’s future. This disparity underscores the pressing need for regulatory reforms in political advertising to safeguard the integrity of democratic processes and ensure informed decision-making among the electorate.

“How are you supposed to regulate something in those circumstances without actually interfering in the political process? And also there is a danger that it would drag the ASA, which is a world-class regulator, into political disputes which are often very dangerous territory.”

Lord Black 

Addressing the Pace of Political Campaigns

Regulating without interfering in the political process has posed significant challenges for the ASA. In conversation with the IPM, Lord Black explains why regulating these mediums is fraught with challenges, particularly due to the speed of change at which election campaigns unfold—often changing by the hour or minute. Consider an advertorial released just hours before an election that makes an incorrect claim. Then, influenced voters go to the polls, potentially swaying the election outcome based on false information. What then—should the regulator overturn the election results? As an interim solution inspired by practices in the finance industry, Graham Temple points to disclaimers in political advertising that emphasise the importance of fact-checking claims. Could this proposed stopgap measure enhance accountability and promote informed decision-making until more comprehensive regulations are implemented?

Addressing the Pace of Political Campaigns

Regulating without interfering in the political process has posed significant challenges for the ASA. In conversation with the IPM, Lord Black explains why regulating these mediums is fraught with challenges, particularly due to the speed of change at which election campaigns unfold—often changing by the hour or minute. Consider an advertorial released just hours before an election that makes an incorrect claim. Then, influenced voters go to the polls, potentially swaying the election outcome based on false information. What then—should the regulator overturn the election results? As an interim solution inspired by practices in the finance industry, Graham Temple points to disclaimers in political advertising that emphasise the importance of fact-checking claims. Could this proposed stopgap measure enhance accountability and promote informed decision-making until more comprehensive regulations are implemented?

“Without doubt political advertising should be regulated, but it probably is not possible for several reasons. Not least because the short time frame of any election campaign makes it likely that any investigation of claims could still be ongoing after the election has taken place. It would be a bit like disallowing the winning goal in the FA Cup final several weeks after the trophy was handed over, but with far greater implications.”

IPM Board Member, Graham Temple
“Without doubt political advertising should be regulated, but it probably is not possible for several reasons. Not least because the short time frame of any election campaign makes it likely that any investigation of claims could still be ongoing after the election has taken place. It would be a bit like disallowing the winning goal in the FA Cup final several weeks after the trophy was handed over, but with far greater implications.”

IPM Board Member, Graham Temple

Rethinking Political Advertising Regulation

The UK’s government’s consultations on digital imprints and the subsequent draft statutory guidance represent significant steps toward enhancing transparency in online campaigning. Drawing insights from countries like New Zealand, the EU, and Australia, which are all grappling with similar challenges, will be vital. The insights shared by experts like Lord Black and Graham Temple shed light on the complexities of political advertising regulation and the need for innovative solutions to navigate these challenges. In a world increasingly fraught with misinformation powered in part by the rise of artificial intelligence, the imperative for regulating political advertising has never been more apparent. It is a necessary step towards safeguarding the integrity of our democratic process and political institutions. As we approach the general election in the UK, the IPM stands ready to advocate for meaningful reforms and work towards establishing a transparent and accountable framework for political advertising.

Rethinking Political Advertising Regulation

The UK’s government’s consultations on digital imprints and the subsequent draft statutory guidance represent significant steps toward enhancing transparency in online campaigning. Drawing insights from countries like New Zealand, the EU, and Australia, which are all grappling with similar challenges, will be vital. The insights shared by experts like Lord Black and Graham Temple shed light on the complexities of political advertising regulation and the need for innovative solutions to navigate these challenges. In a world increasingly fraught with misinformation powered in part by the rise of artificial intelligence, the imperative for regulating political advertising has never been more apparent. It is a necessary step towards safeguarding the integrity of our democratic process and political institutions. As we approach the general election in the UK, the IPM stands ready to advocate for meaningful reforms and work towards establishing a transparent and accountable framework for political advertising.

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