Estonian parties struggle with new EU political advertising rules

Five months before elections in Estonia, political parties are still unsure how they can legally advertise. The cause is a new European Union rule designed to make the funding of political advertising more transparent. In practice, parties say it has created confusion and extra administrative work.

What the rule requires

An ad must state who ordered it, with what money, and who paid for it. The parties consider greater transparency a good idea, but are less happy with how the rule is being implemented.

Tõnis Kons, a board member of the party Parempoolsed, used radio advertising as an example. If an ad lasts ten seconds and is followed by a five-to-ten-second statement that it is paid advertising, he argued, every Estonian will already understand that a party ad is paid political advertising. The same goes for television. Kristo Enn Vaga, secretary-general of the Reform Party, said it is unclear why a TV spot featuring party members, promises and party colors must also state, in both audio and visuals, that it is political advertising.

Unclear cases

Things get harder when the advertising is less direct. Politicians are still asking the consumer protection authorities whether, for example, singer Stig Rästa must tell a concert audience that he is a politician, how to handle opinion pieces, and whether a pen or flyer needs additional information.

Merike Koppel, deputy director-general of the Consumer Protection and Technical Regulatory Authority, acknowledged that none of this can be covered in one sentence. She said that if a politician hands something out in public space during the campaign without using a service provider, it is internal activity and does not need to be marked. The same applies to pens, flyers and political merchandise.

Risk of fines

The authority does not plan to punish anyone, but the fines are large and the margin for error is small. Viljar Voog, communications manager of Isamaa, said that when in doubt, both parties and ad sellers choose the strictest interpretation to avoid a big fine later. Parempoolsed, the first party to launch outdoor advertising, has already had to replace its posters once on the consumer protection authority's order.