Hampshire County Council

Cabinet Item 9

15 December 2003

Political Advertising: Electoral Commission Consultation

Report of the Chief Executive

Contact: David Hinxman, Head of Democratic Services, ext 7339

e-mail: [email protected]

1. Summary

1.1 The following decision is sought:-

That, having regard to the issues raised in the report, the Electoral Commission be advised that the County Council would support the introduction of a self-regulatory code governing political advertising.

2. Reason

2.1 This decision supports Aim 4 of the Corporate Strategy (Building Strong and Safe Communities) by proposing arrangements to protect the electorate's best interests and avoid abuse of advertising by political parties.

3. Other options considered and rejected:

Not to respond to the Electoral Commission consultation or to respond along
different lines.

4. Conflicts of interest declared by the decision maker or other Executive Member consulted: None

5. Dispensation granted by the Standards Committee: None

6. Reason(s) for the matter being dealt with if urgent: Not applicable.


Approved by: Date:

Councillor T. K. Thornber, CBE

Hampshire County Council

Cabinet

15 December 2003

Political Advertising: Electoral Commission Consultation

Report of the Chief Executive

Contact: David Hinxman, Head of Democratic Services, ext 7339

e-mail: [email protected]

1 Summary

1.1 This report recommends that the Cabinet should advise the Electoral
Commission that there should be a voluntary code to govern political advertising. Such a response will support Aim 4 of the Corporate Strategy (Building Strong and Safe Communities) by seeking to protect the electorate's best interest and avoid abuse of advertising by political parties.

2. Introduction

2.1 The Electoral Commission published this consultation paper in October and
has asked for comments by Friday 9 January 2004. Comments
are invited to inform the Commission's review of the case for
introducing a self-regulatory code for political advertising in the non-
broadcast media. Since 2000, political advertising in the non-broadcast

media that aims to influence voters in elections or referendums has been

exempt from the British Code of Advertising, Sales Promotion and Direct Marketing (the Code). The Committee on Standards in Public Life had exhorted the political parties to endeavour to formulate an agreed Code of Practice. The Commission has now taken the matter up.

3. Scope of the Electoral Commission's Review

3.1 The Review considers again the case for introducing a self-regulatory code for

political advertising. It is concerned with the content of political advertising
that would be subject to the Code if the exemption were not in place: this covers all forms of non-broadcast advertising, the principal function of which

is to influence voters in elections or referendums, including advertising in national, regional and local press, posters and billboards, leaflets, direct mail, e-mail and the Internet.

4. The key issues

4.1 The key issues are whether, in principle, the County Council is in favour of a
code on the content of political advertising and whether the County Council
believes that the operation and monitoring of a code would be practicable.

5. Political Advertising

5.1 It is clear that the principles behind political advertising and the priorities of

political advertisers differ from those of commercial advertising. Regulatory

systems would need to reflect those differences. In this context the Electoral
Commission ask the following questions:

1. Given the special protection given to freedom of political expression

is it appropriate in principle to introduce a voluntary code on the content of political advertising?


2. Should there be a code to protect the public against political
advertising that misleads or offends?

3. Are the existing disincentives of adverse publicity and rejection at the
polls sufficient to deter political advertisers from misleading and
offending?

4. If there were to be a code, which of the standards in the commercial
code might it be appropriate to apply to political advertising? are there
other standards that might be applied?


5. Might a code in fact be counter productive, providing a mechanism for complaint which might be abused?


6. What level of consensus among parties and campaign groups would be required for any code to be meaningful?


7. Who should have responsibility for interpreting and applying any code on political advertising? How could any code be implemented?


8. If there were to be a code, what forms of advertising should be included within the scope of the code?

5.2 The current lack of regulation of political advertising has a range of
implications for political parties and other campaign groups, the advertising

industry, the non-broadcast media and the electorate. Political advertisers might consider any code to be an unacceptable interference with their right to free speech. A voluntary system of regulation might create more uncertainty for political advisers. Parties might gain more respect among the electorate if they were to sign up to a code. Public confidence in the political process might be enhanced if they did. A controversial political advertising campaign might damage an advertising agency. Repeated controversy caused by offensive or misleading political advertising might damage the integrity of the advertising industry. There could be advantages and disadvantages for the media.

5.3 Because of the protection afforded to political speech and because of
practical difficulties, most self-regulatory bodies internationally exclude political advertising from the scope of their odes explicitly. There is very little international precedent for the political sector regulating itself in relation to

political advertising. This begs the Electoral Commission to ask whether

it is appropriate to consider introducing such a code in the United Kingdom

when, other than by statutory controls, there is no regulation of most

comparable systems. The Commission seeks to establish whether there is

sufficient justification effectively to impose restrictions on free political

expression through a code on political advertising even if such a code were

voluntary.

5.4 Whilst these are important issues in their own way, Members might prefer to
direct their attention towards whether there is a need for the electorate to be
protected against political advertising that misleads and whether is a need for
the electorate and other "consumers" to be protected against political
advertising that shocks or offends. Members may wish to consider whether
the advantages of non-regulation outweigh the disadvantages.

6. Comment

6.1 There has been evidence in recent years of disillusionment among the
electorate with both national politics, often driven by media frenzy in response

to allegations unfounded or otherwise, and local politics, perhaps due to the
smothering of local freedom by central government. Turnout at elections and
by-elections has tended to decline. All the political parties agree that more
needs to be done to reconnect to the electorate.

6.2 The electorate, given these influences, might argue that any code is better than

none provided it is applied effectively. From that standpoint, the electorate's

expectation, not unreasonably, is that they should not be misled by material

issued by political parties at national and local level. It could also be argued
that a civilised democracy would not have any need for political advertising
that shocked or offended.

6.3 The electorate could, therefore, benefit significantly from the introduction of

a code governing political advertising. It would, however, need to be policed effectively.

7. Conclusion

7.1 Taking all the issues into account. It is suggested that, to give the parties the
benefit of the doubt, a self-regulatory code would be appropriate as a first step.
Its effectiveness would require monitoring and measurement in the light of
experience as to whether a stronger regime should apply.

Recommendation

That, having regard to the issues raised in the report, the Electoral Commission be advised that the County Council would support the introduction of a self-regulatory code governing political advertising.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

None.

js288