Hurdles and Pathways to Regulatory Innovation in Digital Political Campaigning

Abstract

Targeted online ads, algorithmic analytics tools, clickbait-y social media campaigns, big data voter databases—digital technologies have become a cornerstone of contemporary political campaigns in the United Kingdom. Candidates, party campaigners, and a multitude of other registered campaigners embrace digital campaigning for democratic engagement, mobilising voters and electioneering. Yet, in the wake of the Cambridge Analytica scandal, it has become clear that these technologies are vulnerable to abuse and deception. Pressing issues surrounding privacy, transparency, and human rights persist, and systems of electoral law have become ill-equipped to enforce good behaviour and compliance with the law. Drawing from empirical evidence ahead of the 2019 UK general election, this article examines systemic obstacles to regulatory innovation. The inquiry provides an analysis of key policy challenges affecting elections and democracy, and develops an analytical framework pathways to regulatory innovation in the digital domain across three dimensions: (1) Institutional structures; (2) organisational processes; and (3) regulatory functions. The article puts forward practical policy recommendations to promote regulatory innovation that is tech-savvy, evidence-based and future-proof.