The legal aspects surrounding political advertising in broadcasting

Abstract

Politics and political ideologies have long held an integral part of societies throughout the world. Transmitting one’s messages and ideologies is vital in political campaigning, particularly in a democratic state. Even though with the passage of time the introduction of the new media has supposedly influenced the extent of the impact of political advertising on the broadcasting media on the electorate, some continue to argue that broadcasting plays a dominant role in this regard. By examining the various interpretations given to the term ‘political advertising’ both by authors in the field in as much as in the various statutory provisions of a number of countries, this thesis has sought to identify the best and most applicable understanding of the term political advertising in this day and age. Following a thorough examination of the regulations on political advertising both in Malta and in other countries, it became clear that though at the heart of each law lies the need to protect parties and candidates and the need to inform the public of the various views, the rules are largely influenced by the diverse cultures of the countries. Political advertising on the broadcasting media and the limitations thereto have been the source of discussion and debate on the right to freedom of expression, before the European Court of Human Rights. Over the years the Court has sought to examine whether the bans on paid political advertising imposed by many European Countries violates one’s right to freedom of expression. The Court seems divided on the matter. Whilst having found there to be a violation in the right to freedom of expression in earlier judgments, in the most recent judgment it found there was no such violation. This thesis also identifies the advantages and disadvantages of the bans imposed by a number of countries on political advertising. In light of the above, the thesis seeks to identify the best way forward in light of current situation.