“My name is personalised_ political_advertiser.py and I approve this message”: Regulating automated and targeted political advertising in EU Law

27 Pages Posted: 5 Sep 2023

See all articles by Sam Wrigley

Sam Wrigley

University of Helsinki, Finland, Faculty of Law

Miikka Hiltunen

University of Helsinki

Päivi Leino

University of Helsinki - Faculty of Law

Date Written: September 4, 2023

Abstract

There are many reasons why one might argue for the regulation of online targeted political advertising. It can fall under the scope of many different regulations, each of which frame the phenomenon in different ways. In this chapter, we will look at four main areas of legal regulation: Regulation which focuses on the protection of personal data under the General Data Protection Regulation, regulation which focuses on economic digital spaces under the Digital Services Act, regulation which focuses on the freedom of expression and information under the Charter of Fundamental Rights and the European Convention on Human Rights, and regulation which looks at political advertising per se under the proposed Political Advertising Regulation. We will then consider whether, because of the fractured perspectives and approaches, there is a risk that framing the issue of automated political advertising through so many different lenses could distort the issue, creating inappropriate or unnecessarily confusing regulation. Finally, we will pull together the various elements and consider a number of key lessons for EU laws which may touch upon automated political advertising, whether incidentally as part of other regulatory areas or as dedicated legislation directed to the topic.

Keywords: INDIGO, Digital Governance, Law and Technology, EU Law

JEL Classification: O10, O19, O38, K39, I18, I30, G38

Suggested Citation

Wrigley, Sam and Hiltunen, Miikka and Leino-Sandberg, Päivi, “My name is personalised_ political_advertiser.py and I approve this message”: Regulating automated and targeted political advertising in EU Law (September 4, 2023). University of Luxembourg Law Research Paper No. 2023-13, Available at SSRN: https://ssrn.com/abstract=4561013 or http://dx.doi.org/10.2139/ssrn.4561013

Sam Wrigley (Contact Author)

University of Helsinki, Finland, Faculty of Law ( email )

Helsinki
Finland

Miikka Hiltunen

University of Helsinki ( email )

University of Helsinki
Helsinki, FIN-00014
Finland

Päivi Leino-Sandberg

University of Helsinki - Faculty of Law ( email )

Porthania 5th Floor
P.O. Box 4
Helsinki, FIN-0001 4
Finland

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