Europe offers tepid set of political ads transparency rules – TechCrunch

Europe offers tepid set of political ads transparency rules – TechCrunch

It’s been almost a year since the EU’s executive announced it would propose rules for political ads transparency in response to concern about online microtargeting and big data techniques making mincemeat of democratic integrity and accountability.

Today it’s come out with its proposal. But frankly it doesn’t look like the wait was worth it.

The Commission’s PR claims the proposal will introduce “strict conditions for targeting and amplifying” political advertising using digital tools — including what it describes as a ban on targeting and amplification that use or infer “sensitive personal data, such as ethnic origin, religious beliefs or sexual orientation”.

However the claimed ‘ban’ does not apply if “explicit consent” is obtained from the person whose sensitive data is to be exploited to better target them with propaganda — and online ‘consents’ to ad targeting are already a total trashfire of non-compliance in the region.

So it’s not clear why the Commission believes politically vested interests hell-bent on influencing elections are going to play by a privacy rule-book that almost no online advertisers operating in the region currently do, even the ones that are only trying to get people to buy useless plastic trinkets or ‘detox’ teas.

In a Q&A offering further detail on the proposal, the Commission lists a set of requirements that it says anyone making use of political targeting and amplification will need to comply with, which includes having an internal policy on the use of such techniques; maintaining records of the targeting and use of personal data; and recording the source of said personal data — so at best it seems to be hoping to burden propagandists with the need to create and maintain a plausible paper trail.

Because it is also allowing a further carve-out to allow for political targeting — writing: “Targeting could also be allowed in the context of legitimate activities of foundations, associations or not-for-profit bodies with a political, philosophical, religious or trade union aim, when it targets their own members.”

This is incredibly vague. A “foundation” or an “association” with a political “aim” sounds like something any campaign group or vested interest could set up — i.e. to carry on the “legitimate” activity of (behaviorally?) targeting propaganda at voters.

In short, the scope for loopholes for political microtargeting — including via the dissemination of disinformation — looks massive.

On scope, the Commission says it wants the incoming rules to apply to “ads by, for or on behalf of a political actor” as well as “so called” issue-based ads — aka politically charged issues that can be a potent proxy to sway voters — which it notes are “liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour”.

But how exactly the regulation will define ads that fall in and out of scope remains to be seen.

Perhaps the most substantial measure of a very thin proposal is around transparency — where the Commission has proposed “transparency labels” for paid political ads.

It says these must be “clearly labelled” and provide “a set of key information” — including the name of the sponsor “prominently displayed and an easily retrievable transparency notice”; along with the amount spent on the …….


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