What new challenges does the changing nature of campaigning pose for referendum regulation?

me-2015-large-e1485255919145.jpg jess-sargeant-resizedEarlier this year, the Constitution Unit established an Independent Commission on Referendums to review the role of referendums in British democracy – whose work will be discussed at a public seminar next week. In this blogpost, Alan Renwick and Jess Sargeant examine some of the difficult questions the commission will have to consider. Their focus is on the way in which political campaigning has changed since 2000, when the current legislation regulating referendums was enacted.  

The UK’s current legislation regulating the conduct of referendums – the Political Parties, Elections and Referendums Act (PPERA) 2000 – was designed and introduced almost two decades ago. Since then, technological innovations have led to new ways of campaigning and communicating. These changes create new challenges for referendums regulation. While most of these challenges are not unique to referendums – they apply equally to elections – one key task of the Independent Commission on Referendums is to assess how well the existing rules work in the context of new digital developments and to consider solutions to some of the problems posed by the modern world. This blog post explores just some of those challenges.

Financial regulation doesn’t reflect the modern world

Increasingly, political campaigners are using social media to communicate with voters. We know this because we can observe political adverts on Facebook, Twitter, and even Instagram during elections and referendum campaigns. However, we have very little information about how much money they are spending to do so. This is because financial regulation of political campaigns, first designed in 2000, has yet to be updated to reflect the nature of campaigning in the modern world.

Registered referendum campaign groups are required to submit returns of referendum expenses. The purpose of these transparency requirements is to allow campaign spending to be scrutinised by both the Electoral Commission and the public. Financial transparency requirements apply equally to expenses incurred for online and for offline campaigning. However, how this is reported makes scrutiny of online spending difficult. There is no separate category for spending on social media: such spending is reported as either ‘advertising’ or ‘unsolicited material sent to voters’. Furthermore, within this category it is only identifiable if spent directly with the platform, such as Facebook, Twitter, or YouTube. Spending through agencies remains opaque, with no breakdown of how money is used. In this area, it could be argued that transparency requirements are rendered meaningless.

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