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Natali Helberger, Tom Dobber, Claes de Vreese, Towards Unfair Political Practices Law: Learning lessons from the regulation of unfair commercial practices for online political advertising, 12 (2021) JIPITEC 273 para 1.
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%0 Journal Article %T Towards Unfair Political Practices Law: Learning lessons from the regulation of unfair commercial practices for online political advertising %A Helberger, Natali %A Dobber, Tom %A de Vreese, Claes %J JIPITEC %D 2021 %V 12 %N 3 %@ 2190-3387 %F helberger2021 %X Online political advertising operates in a tense forcefield between political and commercial elements and thus presents regulators with a difficult conundrum: because online political advertising is political rather than commercial speech, it is destined to follow a different regulatory tradition than commercial advertising. And yet many of the tools used, players involved and concerns triggered by modern online political advertising strategies very much resemble the tools, players and concerns in online commercial targeting. Commercial advertising is subject to consumer law and unfair advertising regulation, including rules about unfair commercial practices. Unfair commercial practices law and other rules about commercial advertising, however, are explicitly not applicable to forms of non-commercial political or ideological advertising. An important reason why this is so is the different level of protection of political and commercial speech under fundamental rights law standards. And yet with the ongoing commercial turn in advertising, the traditional division between forms of commercial and political advertising is no longer that self-evident. Also, it cannot be denied that commercial advertising law has a long tradition of thinking of where and how to draw the line between lawful advertising and unlawful persuasion through withholding or misleading consumers about the information they need to take informed decisions, or abusing superior knowledge, exerting undue psychological pressure and engaging in other forms of unfair behaviour. The question this article explores is whether there are lessons to be learned from the regulation of commercial advertising for the pending initiatives at the national and the European level to regulate online political advertising, and online political targeting in specific. %L 340 %K fundamental rights %K online and commercial political targeting %K platforms %K regulation %K unfair commercial practices %U http://nbn-resolving.de/urn:nbn:de:0009-29-53386 %P 273-296Download
Bibtex
@Article{helberger2021,
author = "Helberger, Natali
and Dobber, Tom
and de Vreese, Claes",
title = "Towards Unfair Political Practices Law: Learning lessons from the regulation of unfair commercial practices for online political advertising",
journal = "JIPITEC",
year = "2021",
volume = "12",
number = "3",
pages = "273--296",
keywords = "fundamental rights; online and commercial political targeting; platforms; regulation; unfair commercial practices",
abstract = "Online political advertising operates in a tense forcefield between political and commercial elements and thus presents regulators with a difficult conundrum: because online political advertising is political rather than commercial speech, it is destined to follow a different regulatory tradition than commercial advertising. And yet many of the tools used, players involved and concerns triggered by modern online political advertising strategies very much resemble the tools, players and concerns in online commercial targeting. Commercial advertising is subject to consumer law and unfair advertising regulation, including rules about unfair commercial practices. Unfair commercial practices law and other rules about commercial advertising, however, are explicitly not applicable to forms of non-commercial political or ideological advertising. An important reason why this is so is the different level of protection of political and commercial speech under fundamental rights law standards. And yet with the ongoing commercial turn in advertising, the traditional division between forms of commercial and political advertising is no longer that self-evident. Also, it cannot be denied that commercial advertising law has a long tradition of thinking of where and how to draw the line between lawful advertising and unlawful persuasion through withholding or misleading consumers about the information they need to take informed decisions, or abusing superior knowledge, exerting undue psychological pressure and engaging in other forms of unfair behaviour. The question this article explores is whether there are lessons to be learned from the regulation of commercial advertising for the pending initiatives at the national and the European level to regulate online political advertising, and online political targeting in specific.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-53386"
}
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TY - JOUR AU - Helberger, Natali AU - Dobber, Tom AU - de Vreese, Claes PY - 2021 DA - 2021// TI - Towards Unfair Political Practices Law: Learning lessons from the regulation of unfair commercial practices for online political advertising JO - JIPITEC SP - 273 EP - 296 VL - 12 IS - 3 KW - fundamental rights KW - online and commercial political targeting KW - platforms KW - regulation KW - unfair commercial practices AB - Online political advertising operates in a tense forcefield between political and commercial elements and thus presents regulators with a difficult conundrum: because online political advertising is political rather than commercial speech, it is destined to follow a different regulatory tradition than commercial advertising. And yet many of the tools used, players involved and concerns triggered by modern online political advertising strategies very much resemble the tools, players and concerns in online commercial targeting. Commercial advertising is subject to consumer law and unfair advertising regulation, including rules about unfair commercial practices. Unfair commercial practices law and other rules about commercial advertising, however, are explicitly not applicable to forms of non-commercial political or ideological advertising. An important reason why this is so is the different level of protection of political and commercial speech under fundamental rights law standards. And yet with the ongoing commercial turn in advertising, the traditional division between forms of commercial and political advertising is no longer that self-evident. Also, it cannot be denied that commercial advertising law has a long tradition of thinking of where and how to draw the line between lawful advertising and unlawful persuasion through withholding or misleading consumers about the information they need to take informed decisions, or abusing superior knowledge, exerting undue psychological pressure and engaging in other forms of unfair behaviour. The question this article explores is whether there are lessons to be learned from the regulation of commercial advertising for the pending initiatives at the national and the European level to regulate online political advertising, and online political targeting in specific. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-53386 ID - helberger2021 ER -Download
Wordbib
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ISI
PT Journal AU Helberger, N Dobber, T de Vreese, C TI Towards Unfair Political Practices Law: Learning lessons from the regulation of unfair commercial practices for online political advertising SO JIPITEC PY 2021 BP 273 EP 296 VL 12 IS 3 DE fundamental rights; online and commercial political targeting; platforms; regulation; unfair commercial practices AB Online political advertising operates in a tense forcefield between political and commercial elements and thus presents regulators with a difficult conundrum: because online political advertising is political rather than commercial speech, it is destined to follow a different regulatory tradition than commercial advertising. And yet many of the tools used, players involved and concerns triggered by modern online political advertising strategies very much resemble the tools, players and concerns in online commercial targeting. Commercial advertising is subject to consumer law and unfair advertising regulation, including rules about unfair commercial practices. Unfair commercial practices law and other rules about commercial advertising, however, are explicitly not applicable to forms of non-commercial political or ideological advertising. An important reason why this is so is the different level of protection of political and commercial speech under fundamental rights law standards. And yet with the ongoing commercial turn in advertising, the traditional division between forms of commercial and political advertising is no longer that self-evident. Also, it cannot be denied that commercial advertising law has a long tradition of thinking of where and how to draw the line between lawful advertising and unlawful persuasion through withholding or misleading consumers about the information they need to take informed decisions, or abusing superior knowledge, exerting undue psychological pressure and engaging in other forms of unfair behaviour. The question this article explores is whether there are lessons to be learned from the regulation of commercial advertising for the pending initiatives at the national and the European level to regulate online political advertising, and online political targeting in specific. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 12 (2021) 3 |
|---|---|
| Title |
Towards Unfair Political Practices Law: Learning lessons from the regulation of unfair commercial practices for online political advertising (eng) |
| Author | Natali Helberger, Tom Dobber, Claes de Vreese |
| Language | eng |
| Abstract | Online political advertising operates in a tense forcefield between political and commercial elements and thus presents regulators with a difficult conundrum: because online political advertising is political rather than commercial speech, it is destined to follow a different regulatory tradition than commercial advertising. And yet many of the tools used, players involved and concerns triggered by modern online political advertising strategies very much resemble the tools, players and concerns in online commercial targeting. Commercial advertising is subject to consumer law and unfair advertising regulation, including rules about unfair commercial practices. Unfair commercial practices law and other rules about commercial advertising, however, are explicitly not applicable to forms of non-commercial political or ideological advertising. An important reason why this is so is the different level of protection of political and commercial speech under fundamental rights law standards. And yet with the ongoing commercial turn in advertising, the traditional division between forms of commercial and political advertising is no longer that self-evident. Also, it cannot be denied that commercial advertising law has a long tradition of thinking of where and how to draw the line between lawful advertising and unlawful persuasion through withholding or misleading consumers about the information they need to take informed decisions, or abusing superior knowledge, exerting undue psychological pressure and engaging in other forms of unfair behaviour. The question this article explores is whether there are lessons to be learned from the regulation of commercial advertising for the pending initiatives at the national and the European level to regulate online political advertising, and online political targeting in specific. |
| Subject | fundamental rights, online and commercial political targeting, platforms, regulation, unfair commercial practices |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-53386 |
