Regulation 2024/900 - Transparency and targeting of political advertising - Main contents

Official Journal

of the European Union

EN

Series L

2024/900

20.3.2024

The supply of and demand for political advertising are growing and becoming increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, ‘ad-tech’ platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms, including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content, such as product placement, influencers and other endorsements. Related activities can involve, for instance, the dissemination of political advertising upon request of a sponsor or the publication of content against payment or other forms of remuneration, including benefits in kind.

Political advertising can be disseminated or published through various means and media across borders both online and offline. It is rapidly increasing and can be disseminated or published via traditional offline media, such as newspapers, television and radio, but also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly likely to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms.

Given that it is normally provided against remuneration, which may include benefits in kind, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (TFEU). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 TFEU, the institutions of the Union are to take account of the needs of persons with disabilities.

The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the Union and its Member States pursuant to Article 2 of the Treaty on European Union (TEU). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. An increase in the sophistication of disinformation, diversification of actors, the fast evolution of new technologies and intensified spread of information manipulation and interference in our democratic electoral and regulatory processes are important challenges for the Union and for the Member States. Political advertising can be a vector of disinformation, in particular where the advertising does not disclose its political nature, comes from sponsors...