Election advertising in the UK is barely regulated.
That might come as a shock to many voters, given the role it plays in our democracy and the fact that commercial advertising is held to strict standards.
I recently discussed this topic with Brinsley Dresden and Geraint Lloyd-Taylor, both Partners of the law firm Lewis Silkin, on their podcast. If you search for The Agenda on your pod platform you’ll be able to find it.
Some of the things we talked about included:
- The facts about the current state of election advertising law in the U.K.
- The work of pressure group Reform Political Advertising
- Lord Puttnam and his efforts to help stem the flow of disinformation
- International comparisons to the U.K. in terms of regulation
Click here to listen on Spotify or click here to listen on Apple Podcasts and there are some further notes on some of the topics covered below.
The current state of affairs
Be in no doubt, there is very little to stop politicians from misleading the public in their election communication. The Electoral Commission itself states:
“There are few restrictions on what candidates, political parties or campaigners can say in campaign materials.”
Not only that, but:
“The police will not take action against false statements about the policy of a political party or candidate, as these are not covered by any law.”
And:
“We do not regulate the content of campaign material and it is not our role to verify the truthfulness of campaign claims.”
Meanwhile, the Advertising Standards Authority (ASA) explicitly exempts political advertising from its remit, stating:
“Claims in ads in non-broadcast media (posters, newspapers etc.) whose principal function is to influence voters in local, regional, national or international elections or referendums are exempt from the CAP Code.”
What Do Voters Think?
2024 research by Opinium, commissioned by the Reform Political Advertising (RPA) campaign, confirms that 76% of the UK public support making factual accuracy in election adverts a legal requirement. Only 4% oppose it.
Even more striking, 65% of people either believe election ads are already regulated or aren’t sure—suggesting that misleading ads can be particularly harmful, as voters may assume they are vetted for truthfulness.
It’s no wonder that political advertising is the least trusted form of advertising in the UK. According to the research:
• 25% of respondents ‘completely distrust’ ads from political parties
• 57% mostly or completely distrust their ads
False Statements About Candidates: The UK’s One Exception
While political parties can mislead voters about policies with no legal consequences, there is one area where false statements are illegal: personal character attacks on candidates.
The Representation of the People Act 1983 (Section 106) makes it a criminal offence to publish false statements about a candidate’s personal character or conduct.
A high-profile case involved Phil Woolas (2010), a Labour MP who falsely claimed that his opponent, Elwyn Watkins, had links to violent Muslim extremists. Woolas was found guilty, his election was declared void, and he was banned from holding office for three years.
Electoral Advertising Review Panel (EARP)
EARP is an initiative by Reform Political Advertising aimed at demonstrating the feasibility of regulating factual claims in UK election advertising. Established initially as a pilot during the 2022 local elections, EARP was reconstituted to operate in the context of the 2024 General Election. The panel comprised of seven senior figures from both within and outside the advertising industry, including:
• David Puttnam (Chairman)
• Chris Morris, Chief Executive Officer, Full Fact
• Marina Purkiss, Political Commentator & Podcaster
• Harriet Kingaby, Co-Founder, Conscious Advertising Network
• Poppy Wood, Managing Director, Reset
• Richard Lindsay, Director of Legal & Public Affairs, IPA
• Gemma Charles, Deputy Editor, Campaign
The panel’s process mirrors that of the Advertising Standards Authority for commercial advertising. Advertisements are submitted for review, accompanied by a summary of any issues and evidence of potential transgressions against the electoral advertising code introduced earlier in the year.
Panel members were expected to provide their assessments within 24 hours, determining whether the advertisements comply with the established standards.
This initiative underscores the practicality of implementing regulatory oversight for electoral advertising in the UK.
Calls for Reform: The House of Lords Report
In June 2020, the House of Lords Select Committee on Democracy and Digital Technologies, chaired by Lord Puttnam, published a report titled “Digital Technology and the Resurrection of Trust”. It proposed key reforms to bring election advertising under proper regulation. These included:
1. A Regulatory Committee for Political Advertising
• A new joint body bringing together the ASA, Electoral Commission, Ofcom, and the UK Statistics Authority
• Would develop a code of practice and sanction misleading political advertising
2. Digital Imprints for Transparency
• Political ads in all media should clearly and legible state who is responsible for them
3. Strengthening the Electoral Commission’s Powers
• The Commission should be able to force social media companies to provide data on political ads.
• Campaign spending should be more transparent, with detailed receipts for digital ads.
• Fines for rule-breaking should increase to £500,000 or 4% of total campaign spending, whichever is greater.
4. Real-time Public Advert Libraries
• Social media platforms should be legally required to have all election ads on a publicly accessible, database including spending, targeting, and engagement stats.
5. Regulating Misinformation & Disinformation
• Regulation should focus on factual rather than subjective interpretations.
• Fast-track investigations should ensure rulings are made before elections, not after.
6. Political Party Cooperation
• Parties should support reform to rebuild public trust.
UK vs. International Standards
Unlike the UK, other democracies have stronger rules against misleading election advertising.
Australia
• In Western Australia, Section 191A of the Electoral Act 1907 makes it illegal to publish material that misleads voters about the voting process.
• In the Australian Capital Territory (ACT), Section 297A of the Electoral Act 1992 (introduced in 2021) explicitly bans misleading factual statements in election advertising, with penalties of up to 50 penalty units.
New Zealand
• The Advertising Standards Authority (ASA) oversees paid election ads, ensuring they meet truthful presentation and social responsibility standards.
• However, the law does not cover unpaid social media content—an area of growing concern.
Election advertising isn’t allowed on TV and Radio
One of my (personal and unpopular) opinions that we discussed is my view that election advertising should be allowed on TV and radio. It’s currently banned in the U.K.
In the digital age, there is no logic to limiting election advertising to some channels and not others. You can run election advertising on podcasts but not radio, on YouTube but not Channel 5.
It makes no sense.
Plus, election advertising is good for democracy. All the research shows that the more election advertising there is, the more informed the electorate is about the issues.
Where next?
With public support for reform, growing political distrust, and international precedents, the question is clear: how long can the UK afford to keep political advertising unregulated?
If you agree that election advertising needs reform, find out more and donate to the cause at reformpoliticaladvertising.org.
politicaladvertising.co.uk 