Abstract
In this paper, we examine how online political micro-targeting is regulated in Europe. While there are no specific rules on such micro-targeting, there are general rules that apply. We focus on three fields of law: data protection law, freedom of expression, and sector-specific rules for political advertising; for the latter we examine four countries. We argue that the rules in the General Data Protection Regulation (GDPR) are necessary, but not sufficient. We show that political advertising, including online political micro-targeting, is protected by the right to freedom of expression. That right is not absolute, however. From a European human rights perspective, it is possible for lawmakers to limit the possibilities for political advertising. Indeed, some countries ban TV advertising for political parties during elections.
Highlights
A new form of political advertising has emerged: online political micro-targeting (‘microtargeting’)
We focus on the following, legal, question: How is micro-targeting regulated in Europe? We examine the question from three perspectives, namely data protection law, freedom of expression, and sector-specific rules for political advertising
To understand the protection afforded to political micro-targeting as a form of political speech, we must turn to the case law of the European Court of Human Rights, the court that decides whether a restriction of freedom of expression is consistent with the European Convention on Human Rights (ECHR)
Summary
A new form of political advertising has emerged: online political micro-targeting (‘microtargeting’). The Green Party sends a political message to everyone living in that neighbourhood We would classify this as regular targeting. When micro-targeting, the Green Party could ignore the unlikely voters and tailor their messages to possible voters' issue salience (or other characteristics). This way the Green Party would turn one heterogeneous group into several homogeneous subgroups. To illustrate micro-targeting in practice: in the Netherlands, almost all political parties use Facebook's lookalike audiences function to micro-target voters (Dobber et al, 2017). Dutch pro-immigrant party DENK took an innovative approach when they micro-targeted only the people who use a special sim card. It is more difficult to escape micro-targeted political messages People leave behind their data at every move they make. Because of length constraints, this paper focuses on how the law regulates micro-targeting
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