Kohdennetun poliittisen verkkomainonnan neljä sääntelykehystä eurooppaoikeudessa
Keywords:
poliittinen mainonta, tietosuoja, sananvapaus, digitalisaatio, eurooppaoikeusAbstract
The four regulatory frameworks of online targeted political advertising in European law
The purpose of political advertising is to change our views and opinions, and therefore it has inevitable consequences for a democratic society. In recent years, there has been discussion on the risks of political advertising and the need to regulate online targeted political advertising. In the European Union, this phenomenon has been approached in at least four different ways, and these are what form the framework of the article. We compare the differences between the different regulations on political advertising depending on whether the perspective is the protection of personal data under the General Data Protection Regulation; the e-commerce environment under the EU’s Digital Services Act; or freedom of expression and information under the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. In addition to the above, we will also examine the EU’s new rules for political advertising. We will then consider how the different regulatory frameworks affect the regulatory focus or enforcement priorities. The EU’s regulatory solutions are somewhat problematic from the perspective of certain constitutional interpretations expressed in Finland. Moreover, we argue that evidencing the harm created by online targeted political advertising is harder than initially assumed.
