Towards the end of April, the redoubtable Information Commissioner Elizabeth Denham told the DCMS Select Committee that she was “was surprised and disappointed” that there was not more attention given – in the new Online Harms White Paper – to “what I think is a huge societal harm, which is around electoral interference and the need for more transparency in political advertising”. Her stark criticism reflects growing astonishment that, despite all the scandals that have come to light since 2016, the outdated laws surrounding elections and referendums remain virtually unchanged. As a consequence, we may well go into another election or referendum later this year in which parties and campaigners can continue to behave in ways that jeopardise the openness, fairness, and legitimacy of the vote.
The reason electoral law is so outdated can be explained in two words: digital revolution. As our lives become more digital, so do our politics. Nowhere is this clearer than during election and referendum campaigns. For the 2016 presidential election in the US, candidates spent $1.4 billion on online advertising. In the 2017 UK general election, all parties – and associated campaigners – dedicated much of their time and money to digital campaigning.
Are these digital developments just a natural evolution of political campaign communication – or a revolution? Following Brexit and Trump, are internet and social media are destroying liberal democracy?
