Introduction and background Political advertising has long been a cornerstone of democratic societies, serving as a vital tool for campaigners and parties to communicate their messages and sway voters. However, with the advent of technology and the rapid increase in the use of digital platforms, the nature and reach of political advertising campaigns have undergone significant transformation. This Practice Note examines the advertising and marketing of political campaigns, and explores broadcast and non-broadcast advertising, digital political advertising, direct marketing, and the impact of data protection law on these activities. It considers the legislation applicable to and regulation of political advertising, including the Elections Act 2022 (EA 2022), and the limited remit of the Advertising Standards Authority. What is political advertising? Political advertising refers to the efforts of political campaigners or parties to win elections or gain public support for their political agendas through advertisement. Political advertising campaigns typically involve various activities, such as public speeches, rallies, debates, and canvassing, to persuade voters to support a particular campaigner or political party. The primary goal of a political advertising campaign

The European Commission has welcomed a political agreement by the European Parliament and the Council of the EU on the Gigabit Infrastructure Act (GIA) which the Commission proposed on 23 February 2023. Introduced by the GIA is a set of actions to simplify and speed up the deployment of very high-capacity networks eg fibre and 5G, by reducing the administrative burden and costs of deployment. The Commission has also adopted a Recommendation on the regulatory promotion of gigabit connectivity which provides guidelines to National Regulation Authorities on designing access remedy obligations for operators with significant market power, on guaranteeing fair competition, and fostering the rollout of gigabit networks by ensuring that all operators can have access to existing network infrastructures.

TMT analysis: In this case, a TV presenter successfully sued in defamation on a blogpost accusing her of conducting a campaign of online abuse and harassment against a teenage girl and acting hypocritically by complaining about being the victim of online abuse. The blogger’s defences of truth and honest opinion had been struck out at the interlocutory stage, so only his public interest defence under section 4 of the Defamation Act 2013 (DA 2013) was considered at trial. This defence failed, with Mr Justice Steyn finding that the blogger’s journalistic process was seriously flawed, and that his allegations were ‘not even arguably true’. Written by Hope Williams, barrister at 5RB.

Both Part 14 of the CA 2006 and the Political Parties, Elections and Referendums Act 2000 (PPERA 2000) contain provisions which control political donations made by companies to political parties, to other political organisations and to independent election candidates, as well as political expenditure incurred by companies. A political donation is defined in PPERA 2000, ss 50–52 and includes, among other things, any gift of money or other property, and any sponsorship of a party, organisation or independent election candidate.

Part 14 of the Companies Act 2006 (the CA 2006) contains provisions which control: • political donations made by companies to political parties, to other political organisations and to independent election candidates, and • political expenditure incurred by companies Although few companies make direct political donations or incur direct political expenditure, the definitions under the CA 2006 are wide and may catch types of donation and expenditure that are not overtly political. For this reason, many companies propose a standard resolution at each year's annual general meeting (AGM) to approve political donations and political expenditure. For an example of a shareholder resolution approving political donations and expenditure, see Precedent: Notice of AGM of a listed public company. Definitions Political parties, organisations and independent election candidates CA 2006, Pt 14 applies to: • a political party if it is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (PPERA 2000) • a political organisation if it carries on, or proposes to carry on, activities that are capable or being reasonably regarded as intended: ◦ to affect public

Political expenditure primarily refers to expenditure incurred by the company on the preparation, publication or dissemination of advertising or other promotional or publicity material that, at the time of publication or dissemination is capable of being reasonably regarded as intended to affect support for a political party, political organisation or independent election candidate. A political donation does not count as political expenditure.

A local government post whose holder is disqualified from becoming or remaining a Local Authority member or from standing for Parliament.

TMT analysis: This landmark ruling recognised that a politician had exceeded his freedom of expression by failing to immediately remove illegal comments posted on his account. At the same time, it upheld his criminal conviction. In 2011, the politician and mayoral candidate posted a message on Facebook targeting one of his political opponents and his wife. As his account was open to everyone, two people commented on the message, inciting hatred or violence against people of Muslim faith. A criminal complaint was filed against the applicant and the two people behind the comments. For the first time, the European Court of Human Rights (ECtHR) ruled on the joint liability of producers and authors, justifying this interference with freedom of expression as 'necessary in a democratic society' in the specific context of an election campaign. Written by Anne-Marie Pecoraro, partner, UGGC Avocats.

In a poll vote, votes on a resolution are calculated by reference to the number of shares held by members present at the meeting in person, by proxy or corporate representative and members casting votes in advance, rather than by reference to the number of physical attendees at the meeting.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 29 January 2014; it is no longer maintained. Case facts Outline European Commission Article 101 TFEU investigation into a cartel in the flexible polyurethane foam market (case number COMP/39.801). Fines totalling €114m imposed on four companies for price-fixing cartel. Latest development The Commission imposed fines totalling €114m on 29 January 2014. All companies settled with the Commission. The fines imposed were as follows:• Vita received full immunity from fines after informing the Commission of the existence of the cartel and cooperating throughout the

Water storage facility for encased nuclear waste and fuel units awaiting reprocessing.

Law360: A transgender pool player has lost her case that a ban on her playing in women's teams and competitions is discriminatory, one of the first tests of the UK Supreme Court's watershed ruling on the legal definition of a woman.