Self-Preferencing

Self-preferencing occurs when a digital platform or gatekeeper gives its own services, products, or content better treatment than similar offerings from competitors. This can happen through better rankings in search results, preferential placement in recommendations, or exclusive access to features. While originally a competition law concept, it's now relevant to political advertising transparency where platforms might favor certain political content.

Legal Basis

Self-preferencing is primarily regulated under the Digital Markets Act (DMA) rather than the political advertising regulation:

"The gatekeeper shall not treat more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third parties and the gatekeeper shall apply fair and non-discriminatory conditions to such ranking."

— Article 6(5), Regulation (EU) 2022/1925 (Digital Markets Act)

Why It Matters

Self-preferencing matters in the context of political advertising because platforms designated as gatekeepers under the DMA cannot unfairly favor their own political content or services over others. This is particularly important during election periods when equal access to audiences is crucial for democratic processes.

For providers of political advertising services, understanding self-preferencing rules helps ensure compliance when operating on large platforms. Publishers and sponsors must be aware that gatekeepers cannot give preferential treatment to political advertisements based on business relationships or corporate affiliations, ensuring a level playing field for all political actors.

While Regulation 2024/900 focuses on transparency and targeting, platforms subject to both the DMA and the political advertising regulation must ensure their ranking and recommendation systems do not create unfair advantages that could undermine electoral fairness. This intersection between competition rules and democratic integrity is increasingly important as digital platforms play a larger role in political campaigns.

Key Points

Self-preferencing is primarily addressed by the DMA for designated gatekeepers, not directly by Regulation 2024/900
It prohibits platforms from giving their own services or products better rankings or visibility than competitors
In political advertising, this prevents platforms from unfairly favoring certain political content based on business relationships
Gatekeepers must apply fair and non-discriminatory conditions to ranking and recommendations
Violations can result in fines up to 10% of global annual turnover under the DMA
The principle supports electoral fairness by ensuring equal access to platform audiences for all political actors

Self-Preferencing vs. Targeting

Self-preferencing and targeting are distinct concepts that often get confused in political advertising discussions. Self-preferencing refers to a platform giving unfair advantage to its own services or affiliated content in rankings and recommendations. Targeting refers to directing political advertisements to specific audiences based on personal data or other criteria.

While self-preferencing is about who gets preferential treatment on a platform (the platform's own services versus third parties), targeting is about which users see specific advertisements. A platform could engage in self-preferencing by ranking its own political content higher, while targeting determines which users in what groups see any given political ad. Both raise fairness concerns, but they operate at different levels of the advertising ecosystem and are regulated by different provisions.

Related Terms

Gatekeeper — Large platforms subject to the Digital Markets Act's self-preferencing rules
Publisher — Entity that displays political advertisements, potentially subject to self-preferencing obligations
Provider of Political Advertising Services — Service providers who must comply with non-discrimination rules
Sponsor — Entity paying for political ads who may be affected by self-preferencing practices
Targeting — Technique for directing ads to specific audiences, distinct from self-preferencing
Online Platform — Digital service that may engage in ranking and recommendation activities
Political Actor — Entities whose content should receive fair treatment on platforms
Core Platform Service — Services subject to DMA obligations including self-preferencing prohibitions
Recommender System — Algorithmic system that must not engage in unfair self-preferencing
Dark Patterns — Manipulative design practices related to but distinct from self-preferencing

Very transparent. Every political ad will be labelled, linked to a transparency notice with detailed information, and online ads will be searchable in a central European repository.

The Network coordinates election-related cooperation between member states. National contact points for TTPA enforcement should be members of this network where possible.

Election campaigns will need to ensure all paid advertising includes proper labels and transparency notices. Sponsors must be prepared to provide required information to all service providers.

Several major platforms currently do not allow paid political advertising, including some large social networks. This limits where political actors can place paid online advertisements.

The TTPA applies from 10 October 2025. Member States had until 10 April 2025 to designate competent authorities, and the Commission must provide label templates by 10 July 2025.

Publishers must ensure completeness and accuracy of certain information but are not required to verify all sponsor claims. They must correct manifestly erroneous information when they become aware of it.

Yes. When a hosting provider and a website both display an ad, both are considered publishers with responsibility for their specific services. Contracts should clarify how they share compliance duties.

If a publisher removes or disables access to a political ad due to illegality or terms violations, they must still provide access to the transparency information for the full seven-year retention period.