EU's Proposed Online Political Advertising Legislation: A Positive Initiative, Yet Requires Amendments
The European Commission's proposed regulation, known as the Transparency and Targeting of Political Advertising (TTPA) Regulation, is set to revolutionise the landscape of online political advertising. Scheduled to take effect on October 10, 2025, the regulation aims to ensure transparency and curb foreign and illegal influence in EU elections[1][2][3].
Key issues surrounding the regulation include operational complexity and legal uncertainty, impact on advertisers and platforms, stakeholder consultation and guidance, and national enforcement. Major platforms like Meta (Facebook, Instagram, WhatsApp, Threads) and Google have announced they will cease offering political advertising services in the EU due to the regulation's broad and complex definition of political advertising, lack of reliable election data, compressed implementation timelines, and stringent targeting limits[1][2][4].
The challenges posed by the regulation may result in political campaigns, advocacy groups, and advertisers losing access to major digital tools for targeted political ads within the EU. Platforms warn this may reduce relevant ad content for users and could inadvertently benefit incumbent political forces and established entities over challengers and grassroots organisations that relied on affordable digital ads[1][4].
To address these concerns, the European Commission has invited feedback from stakeholders on draft guidance to clarify and support the implementation of the TTPA Regulation[3]. Additionally, member states' data protection authorities, such as France’s CNIL, are updating their enforcement doctrines to align with and rigorously apply this new European framework from October 2025 onward[5].
The regulation requires online advertising platforms to show or make available information on ad spending, funding sources, targeting criteria, and data processing under GDPR[6]. Concerns around online disinformation by outside actors cannot solely be targeted at the publishers that publish ads: the sponsor of the message, too, must be held to account[7].
Advertisers should also be required to make good-faith submissions whether they are engaged in political advertising as defined by the law. Exceptions are provided in cases where users provide explicit consent to be shown political ads based on their personal data or regularly interact with political associations[8].
The regulation's preamble refers to the "problematic targeting tactics" of the Cambridge Analytica scandal, but it is clear that the firm did not have any special mind-targeting tools at its disposal[9]. A total ban on targeting audiences based on characteristics like ethnicity, political opinions, religious/philosophical beliefs, or trade union membership may disadvantage smaller political and advocacy groups[10].
The European Parliament's Internal Market Committee is currently writing its draft report on the law, and the Digital Services Act makes such repositories mandatory for all ads shown on large online platforms[11]. Self-declarations by advertisers are expected to encourage them to be careful and scrupulous in submitting their campaigns[12]. Google and Facebook already provide public repositories of political and issues-based ads, containing details of who bought them, spending, and reach[13].
In summary, the regulation intends to enhance transparency and curb foreign and illegal influence in EU elections, but its demanding operational requirements have led to major platforms withdrawing political advertising services in the EU. This significantly reshapes how political advertising functions online in Europe, potentially diminishing the reach and targeting capabilities available to political actors and online platforms alike[1][4][5].
References:
- https://www.reuters.com/world/europe/facebook-google-to-quit-eu-political-advertising-over-regulation-2021-09-01/
- https://www.politico.eu/article/facebook-google-to-stop-eu-political-advertising-over-regulation/
- https://ec.europa.eu/info/consultations/open/2022-consultation-2-draft-guidance-transparency-targeting-political-advertising_en
- https://www.wired.co.uk/article/google-facebook-eu-political-advertising-ban
- https://www.reuters.com/business/legal/frances-cnil-to-tighten-rules-on-political-ads-ahead-of-eu-regulation-2022-03-04/
- https://ec.europa.eu/info/publications/proposal-regulation-transparency-targeting-political-advertising_en
- https://www.politico.eu/article/facebook-google-to-quit-eu-political-advertising-over-regulation/
- https://ec.europa.eu/info/publications/proposal-regulation-transparency-targeting-political-advertising_en
- https://www.theguardian.com/technology/2020/oct/23/cambridge-analytica-did-not-have-special-mind-targeting-tools-research-finds
- https://www.politico.eu/article/facebook-google-to-stop-eu-political-advertising-over-regulation/
- https://ec.europa.eu/info/publications/proposal-regulation-transparency-targeting-political-advertising_en
- https://www.politico.eu/article/facebook-google-to-quit-eu-political-advertising-over-regulation/
- https://www.reuters.com/world/europe/facebook-google-to-quit-eu-political-advertising-over-regulation-2021-09-01/
- The Transparency and Targeting of Political Advertising (TTPA) Regulation, a proposal by the European Commission, aims to ensure privacy and curb foreign and illegal influence in EU elections, scheduled to take effect in 2025.
- The regulation requires online platforms to be transparent about ad spending, funding sources, targeting criteria, and data processing, following GDPR guidelines.
- Major platforms like Meta (Facebook, Instagram, WhatsApp, Threads) and Google have announced they will cease offering political advertising services in the EU due to the regulation's complexity and its demanding operational requirements.
- Concerns around online disinformation by outside actors necessitate accountability not only from publishers but also from the sponsors of the messages.
- To address these concerns, the European Commission has invited feedback from stakeholders on draft guidance to clarify and support the implementation of the TTPA Regulation.
- The regulation may disadvantage smaller political and advocacy groups by banning audience targeting based on certain characteristics.
- The European Parliament's Internal Market Committee is currently drafting a report on the law, and the Digital Services Act makes such repositories mandatory for all ads shown on large online platforms, encouraging advertisers to be careful and scrupulous in their submissions.
