Limiting Risks in Online Electoral Campaigns
Romania regulates online electoral campaigns to a certain extent, facing challenges such as tracking expenses due to a large number of candidates. Measures to mitigate risks include defining electoral propaganda material, removing illegal online content, and ensuring transparency in financing.
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Limiting the risks associated with online electoral campaigns Toni GREBL , Chairman of the Permanent Electoral Authority of Romania (PEA)
Limiting the risks associated with online electoral campaigns Romania is among the states that regulate, to a certain extent, the online electoral campaign; Online materials do not have the same level of regulation as traditional campaign materials (posters, radio-TV, print media, brochures, leaflets and other printed material); Tracking the expenses incurred for financing online electoral materials proved to be problematic due to, among others, the large number of electoral competitors; approximately 200,000 candidates participated in the 2020 local elections (proposed organizations of citizens belonging electoral alliances, as well as 1389 independent candidates). by national 75 political minorities parties, and 17 168 to
Limiting the risks associated with online electoral campaigns Measures in place in order to limit the risks associated with online electoral campaigns: 1. Using a definition of electoral propaganda material 2. Removal of illegal online materials 3. Limiting the expenditure that may be incurred 4. Ensuring transparency of electoral revenues and expenditures 5. Verification of funding sources and electoral expenses incurred 6. Enforcing dissuasive sanctions 7.
Limiting the risks associated with online electoral campaigns 1. Using a definition of electoral propaganda material (also applicable to online materials, in order to clearly delineate the campaign message from other types of message) Electoral propaganda material is defined as any written, audio or video material that meets the following conditions: refers directly to a clearly identified candidate or political party; is used during the election campaign; has an electoral objective and is addressed to the general public; exceeds the limits of journalistic activity of informing the public.
Limiting the risks associated with online electoral campaigns 2. Removal of illegal online materials Upon complaint, electoral bodies established for conducting elections may decide the removal of electoral propaganda materials from the online environment. The arguments made in past decisions refer to: - The need for a fair electoral campaign, based on good faith; - Protecting voters' freedom to form a fair and objective opinion; - Combatting misinformation. According to the law, all electoral expenses are to be borne exclusively by electoral competitors. Funding electoral campaigns by third parties is prohibited.
Limiting the risks associated with online electoral campaigns 3. Limiting the expenditure that may be incurred Expenses for the production and dissemination of electoral propaganda materials online are limited to a maximum of 30% of the total expenditure that may be incurred. However, electoral competitors tend to carry out activities that are prohibited or limited during the electoral campaign in the so-called pre-campaign periods.
Limiting the risks associated with online electoral campaigns 4. Ensuring transparency of electoral revenues and expenditures PEA manages a website where it publishes declared electoral contributions, detailed reports of electoral revenues and expenses, declarations on the number of electoral propaganda materials produced and used, as well as lists of suppliers used in the electoral campaigns.
Limiting the risks associated with online electoral campaigns 5. Verification of funding sources and electoral expenses incurred All competitors are subject to PEA verification. They must submit supporting documents regarding the revenues and expenses incurred. For online electoral propaganda materials, PEA requires, in addition to financial documents, the following: - statement of the internet address where the electoral propaganda material was displayed, its description and the dates between which it was posted; - one copy of each online electoral propaganda material. PEA creates its own registries on the online activity carried out by electoral competitors, which can then be cross-checked with information made public by major platforms. In addition, PEA is entitled to request additional information in order to prove the reality of services provided, as well as any relevant documents and information from any natural or legal person who has provided paid or free of charge services to electoral competitors.
Limiting the risks associated with online electoral campaigns 6. Enforcing dissuasive sanctions Violations of the legal provisions regarding the financing of the electoral campaign constitute misdemeanors (if not committed under such conditions as to be considered crimes), sanctioned either with warnings or with fines (2,000 euros - 10,000 euros). The amounts of money used in the electoral campaign in violation of the legal provisions are subject to confiscation. If political parties fail to submit information on electoral income and expenditure, the PEA may issue a decision to temporarily suspend the grant of public subsidy. Candidates declared elected cannot have their mandates validated if the detailed report on electoral income and expenses has not been submitted under the law. If non-compliance is found, the PEA shall not reimburse the expenses incurred.
Limiting the risks associated with online electoral campaigns Future actions: PEA is developing a digital tool for reporting income and expenditure made during election campaigns, with the role of making this data more accessible to all interested parties.
Limiting the risks associated with online electoral campaigns Concluding remarks: Identifying appropriate regulatory solutions, as well as adapting existing legislation to the new advances in technology, is crucial for protecting the integrity of democratic processes. PEA will continue to improve the relationship with electoral competitors, other authorities involved in the electoral process and civil society, especially in the context of preparations for the year 2024 in which 4 types of elections will be organized: 1. election of members from Romania in the European Parliament; 2. elections for local public administration authorities; 3. presidential elections; 4. parliamentary elections. realities brought about by
Limiting the risks associated with online electoral campaigns Thank you for your attention! Toni GREBLA Chairman of the Permanent Electoral Authority of Romania cabinetpresedinte@roaep.ro
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