National elections
National elections are elections held in a Member State to elect representatives to national legislative bodies, such as parliaments or national assemblies, or to elect heads of state or government at the national level. Under the TTPA regulation, political advertising related to national elections must meet transparency requirements, and certain restrictions apply to sponsorship by third-country entities in the three months before the election.
Legal Basis
While the TTPA regulation does not explicitly define "national elections," it references elections organized at Union level or at national, regional, or local level in Member States throughout its provisions:
"In the three months preceding the day of an election or referendum organised at Union level or at national, regional or local level in a Member State, providers of political advertising services shall provide such services only where the sponsor is... a citizen of the Union, a third-country national who permanently resides in the Union and has the right to vote in that election or referendum, or a legal person established in the Union which is not controlled by third-country entities or third-country nationals."
— Article 12(1), Regulation 2024/900
National elections are specifically mentioned in the context of transparency reporting obligations and enforcement mechanisms under Articles 18 and 20 of the regulation.
Why It Matters
National elections represent critical democratic processes that the TTPA regulation aims to protect from information manipulation and lack of transparency. Political advertising during national election campaigns must comply with all transparency requirements, including clear labeling, disclosure of sponsors, and transparency notices accessible to the public.
For publishers and platforms, national elections trigger enhanced obligations. They must ensure all political advertising is properly labeled and that transparency information is readily available. During the three-month period before a national election, they must verify that sponsors meet the eligibility requirements to prevent foreign interference.
Political actors, parties, and campaign organizations should be aware that their political advertising activities during national elections are subject to full scrutiny under the regulation. Non-compliance can result in enforcement action by national media regulators or Digital Services Coordinators, depending on the Member State's implementation.
Key Points
- National elections include elections to national parliaments, assemblies, and elections of heads of state or government at the Member State level
- All political advertising related to national elections must comply with transparency and labeling requirements under Chapter II of the TTPA regulation
- The three-month restriction on third-country sponsorship applies before national elections to prevent foreign interference
- Member States may impose stricter national rules on political advertising during national elections, including longer restriction periods or additional transparency requirements
- Publishers and platforms must maintain transparency information for national election-related political advertising for at least five years after publication
- Enforcement of TTPA obligations during national elections is typically handled by national competent authorities designated by each Member State
National elections vs. European Parliament elections
Both national elections and elections to the European Parliament are covered by the TTPA regulation, but they differ in scope and governance. National elections choose representatives for a single Member State's legislative or executive bodies, while European Parliament elections are coordinated across all Member States to elect Members of the European Parliament (MEPs).
The transparency obligations under the TTPA apply equally to both types of elections. However, European Parliament elections involve additional coordination mechanisms, such as the European Cooperation Network on Elections and pan-European political campaigns by European political parties. National elections remain primarily governed by each Member State's electoral law, though the TTPA's transparency requirements create a common minimum standard across the Union.
For cross-border political advertising services, European Parliament elections often involve campaigns that span multiple Member States, while national election campaigns are typically focused within a single Member State, though cross-border services may still be used.
Related Terms
- Political advertising
- Political actor
- Sponsor
- Publisher
- European Parliament elections
- Third-country entity
- Transparency notice
- Provider of political advertising services
- Regional elections
- Referendum