Referendum
A referendum is a direct vote in which eligible citizens are asked to approve or reject a specific proposal, law, or constitutional change. In the context of political advertising regulation, referendums are protected electoral processes that trigger transparency and targeting obligations under EU law, similar to elections.
Legal Basis
"This Regulation applies to the preparation, placement, promotion, publication and dissemination of political advertising in the context of an election or referendum in a Member State or at Union level, as well as to the provision of related services, in particular targeting, ad delivery and distribution services."
— Recital 16, Regulation (EU) 2024/900
The regulation explicitly covers "elections or referendums organised at Union level or at national, regional or local level in a Member State" when establishing transparency requirements and restrictions on sponsorship by third-country entities.
Why It Matters
Referendums are a key mechanism of direct democracy in EU Member States, allowing citizens to vote on specific issues rather than electing representatives. The EU's political advertising regulation treats referendums with the same level of protection as elections, recognizing that the integrity of referendum campaigns is equally important to democratic processes.
For anyone involved in referendum campaigns—whether as sponsors, publishers, or providers of advertising services—the same transparency obligations apply as for election advertising. This means political advertisements related to a referendum must be clearly labelled, include transparency notices showing who paid for them, and comply with restrictions on targeting techniques that use personal data.
The three-month restriction on sponsorship by third-country entities or nationals applies equally to referendums. This prevents foreign interference in national decision-making processes, whether those processes involve electing representatives or deciding specific policy questions through direct vote.
Key Points
- Referendums trigger full TTPA obligations: All transparency, labelling, and targeting rules that apply to elections also apply to referendums at EU, national, regional, or local level
- Includes various referendum types: Covers constitutional referendums, policy referendums, and advisory or binding votes on specific proposals
- Three-month protection period: The restriction on third-country sponsorship applies in the three months before a referendum date, or from the announcement if less than three months' notice
- Publisher responsibilities identical: Publishers must label referendum-related political ads and provide transparency notices exactly as they would for election advertising
- Cross-border relevance: Referendums may concern EU-wide issues or policies with cross-border impact, making consistent regulation across Member States essential
- Post-referendum period: Mitigation measures and transparency obligations should continue after the vote to protect against disinformation about results
Referendum vs. Election
While both are electoral processes protected under the TTPA regulation, referendums and elections differ in their nature. An election involves choosing representatives to hold public office, while a referendum asks citizens to decide directly on a specific question or proposal.
Key differences:
| Aspect | Referendum | Election |
|---|---|---|
| Purpose | Direct decision on a specific issue | Selection of political representatives |
| Scope | Usually single question or proposal | Multiple candidates/parties across constituencies |
| Campaign focus | Issue-based arguments and information | Candidate profiles and party platforms |
| Outcome | Specific policy or legal change | Composition of government or parliament |
Despite these differences, both trigger identical obligations under Regulation 2024/900 because both involve political advertising intended to influence democratic processes and voting behavior.