Three-month election period
The three-month election period is the minimum time before an election or referendum during which providers of political advertising services must only accept sponsors who are EU citizens, eligible third-country residents, or legal persons established in the EU that are not controlled by third-country entities. This restriction helps protect elections from foreign interference.
Legal Basis
"Providers of political advertising services shall not publish or disseminate political advertising on behalf of sponsors that are not citizens of the Union or third-country nationals permanently residing in the Union and having a right to vote in that election or referendum or legal persons that are established in the Union and which are not controlled by third-country entities or third-country nationals in the three months preceding the date of such election or referendum."
— Article 12(1), Regulation 2024/900
Why It Matters
This provision addresses a critical democratic concern: foreign interference in elections through political advertising. By restricting who can sponsor political ads in the final three months before voting day, the regulation aims to protect the integrity of EU elections and referendums from external influence campaigns.
The three-month period applies to all providers of political advertising services—platforms, publishers, ad agencies, and influencers. They must verify that sponsors meet the eligibility criteria during this sensitive pre-election window. For elections or referendums announced with less than three months' notice, the restriction begins from the date of announcement, not retroactively.
Member States may introduce stricter national rules, such as longer restriction periods or additional sponsor requirements, provided these comply with EU law. Providers must be aware of both the EU-level baseline and any applicable national restrictions.
Key Points
- Minimum standard: Three months is the EU baseline; Member States may set longer periods or stricter rules
- Applies to all levels: Covers elections and referendums at Union, national, regional, and local levels
- Eligible sponsors only: Only EU citizens, eligible third-country residents with voting rights, or qualifying EU legal persons
- Third-country control matters: EU legal persons controlled by third-country entities or nationals are excluded
- Late announcements: If an election is called with less than three months' notice, the restriction starts from the announcement date
- Verification required: Providers must have processes to verify sponsor eligibility during this period
Three-month election period vs. Silence period
The three-month election period under EU law restricts who can sponsor political advertising (no foreign sponsors), while silence periods under national law restrict when political advertising can be published (often 24-48 hours before voting). The three-month rule is about sponsor eligibility and applies across the EU. Silence periods are national rules that vary by Member State and typically ban all or certain types of political advertising immediately before election day. Providers must comply with both: checking sponsor eligibility under the EU rule and respecting any national silence periods.
| Aspect | Three-month election period | Silence period |
|---|---|---|
| What it restricts | Who can sponsor ads (foreign vs. domestic) | When ads can be published (timing blackout) |
| Legal basis | EU Regulation 2024/900 | National election laws |
| Typical duration | 3 months before election (minimum) | 24-48 hours before election day |
| Applies to | All EU elections/referendums | Varies by Member State |
Related Terms
- Sponsor
- Political actor
- Provider of political advertising services
- Third-country entity
- Publisher
- Legal person
- Election or referendum
- Transparency notice
- Due diligence obligations
- Member State competent authority