Digital campaigns and deliberative politics: the EU regulatory framework of online political advertising under the ECHR

Abstract

The impact of online political advertising on democratic integrity, political deliberations and electoral outcomes is a central topic of political discourse and a main concern for EU citizens regarding the future of Europe. Unlike offline political communication, algorithmic dissemination in digital campaigning allows for constant, unfiltered and highly personalized messaging, transforming democratic dialogue. From the Brexit referendum and the 2016 US presidential elections to the 2026 Hungarian Elections, online political advertising has exposed significant regulatory gaps and democratic vulnerabilities in the digital era. This raises the question of how democracies adapt to rapid technological developments while effectively maintaining human rights and democratic values. The European Union has adopted an ambitious regulatory framework composed of the 2022 Digital Services Act and the 2024 Regulation on the Transparency and Targeting of Political Advertising, aiming to protect freedom of movement and competition in the Common Market and enhance democratic legitimacy. In implementing this framework domestically, EU Member States are obliged to uphold freedom of expression and the right to free elections under ECHR. This research critically analyses whether EU law effectively protects deliberative capacity in the digital era while upholding these ECHR standards. Methodologically, this thesis adopts the theoretical lens of deliberative democracy and conducts a doctrinal legal analysis of ECHR jurisprudence and EU legislation, but grounds findings to empirical illustrations. By performing this analysis, this thesis argues that the EU digital acquis remains only partially effective in safeguarding democratic participation, as practical and structural features of online infrastructure inherently limit regulatory reach.