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Political Advertising on Social Media: New Laws, AI, and Ethical Challenges

Political advertising is crucial to attracting donors and influencing voters.

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In 2008, Barack Obama pioneered social media advertising in his campaign, spending a total of $22.25 million in online political ads that year.  Spending soared to $1.4 billion in 2016 and projections suggest future elections could see this amount quadruple.

Today, political advertising on social media has evolved significantly, shaped by new laws, AI and other advanced technologies. California’s new law on political advertising and the EU’s rules aim to address transparency in digital campaigns.

In this blog, we will explore the impact of new advertising strategies, AI deepfakes, and the influence of digital platforms on voter behavior.

Regulatory Changes in Social Media Political Advertising

Digital platforms, especially social media, have become the primary battleground for political campaigns. Facebook, Instagram, Twitter (X), and TikTok allow candidates to engage with voters directly, bypassing traditional media outlets.

Both major parties are heavily invested in digital advertising for the 2024 U.S. elections. Candidates are using tools like micro-targeting to deliver personalized messages to specific groups based on age, gender, location, and interests.

Spending on digital political ads in the U.S. is expected to reach $3 billion in 2024, up from $2.6 billion in 2020.

California’s new law, signed in 2023, mandates greater transparency in political ads by requiring social media companies to disclose detailed information about ads purchased by political candidates and committees. This move ensures voters can access vital information about campaign financing and ad targeting, preventing misinformation or manipulation through anonymous or poorly regulated channels. This is part of a broader effort across states and countries to curb the influence of dark money and untraceable online ads in the democratic process.

In the European Union, rules introduced under the Digital Services Act (DSA) hold platforms responsible for political advertising transparency, ensuring that users can see who funds ads and the targeting criteria used. These regulations aim to prevent foreign interference in elections, protect voter data, and provide more clarity around online political ads.

AI and Deepfakes in Political Advertising

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The use of artificial intelligence in political campaigns and messaging is ramping up. Already in this 2024 presidential race, AI is being used to create fake robocalls and news stories and to generate campaign speeches and fundraising emails. The use of AI in political messaging has raised several alarms among experts, as there are currently no federal rules regarding the use of AI-generated content in political material.

Deepfakes can create realistic but fake images, audio, and video, which can be used to spread false information or discredit political candidates. With AI-generated content becoming more sophisticated, it’s harder for voters to distinguish between real and fake content. For instance, deepfake videos of politicians have been used to manipulate voters by creating the illusion of a candidate saying or doing something they never did.

The California political advertising laws made it illegal to distribute materially deceptive audio or visual media of a candidate in the 120 days leading up to an election and in the 60 days following an election. The laws also require that election-related advertisements using AI-manipulated content provide a disclosure alerting viewers or listeners to that fact. Large online platforms are also required to take steps to block the posting of materially deceptive content related to elections in California, and they must remove any such material that has been posted within 72 hours of being notified of its presence.

The rise of AI has also allowed campaigns to create highly personalized ads using algorithms that analyze voter data. While this increases engagement and relevance, it raises ethical concerns about manipulation and voter privacy. For instance, the 2024 U.S. presidential election has seen AI-generated political ads that target specific voter demographics based on their social media activity, often without their explicit consent.

Types of Political Advertising

Political ads can take many forms, each serving a specific purpose in a campaign.

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Positive Ads: These ads promote the achievements or policies of a candidate, focusing on their strengths and vision for the future.

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Negative Ads: Negative ads are designed to discredit an opponent by highlighting their weaknesses or failures. While controversial, negative ads have proven to be effective in shaping voter opinions.

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Contrast Ads: These ads compare two candidates, showing why one is better suited for office than the other.

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Issue-Based Ads: Focusing on specific policies, these ads aim to appeal to voters’ stances on critical issues like healthcare, climate change, or national security.

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Call-to-Action Ads: Designed to encourage immediate voter action, such as registering to vote or donating to a campaign.

Influence of Social Media Political Advertising in 2024 US Elections

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In the 2024 U.S. elections, both the Democrats and the Republicans have utilized digital platforms to tailor their messaging. The Democrat campaign, for example, is focusing heavily on ads promoting economic recovery and healthcare, using data analytics to target swing states. They are also employing influencers to engage younger voters, a demographic traditionally harder to reach through conventional political ads.

Republican ads focused on issues like inflation and immigration, with a heavy emphasis on ads critical of the Biden administration. AI tools have been used to create ads that adjust messaging based on the viewer’s previous engagement with campaign content.

Impact

The impact of social media political advertising on the 2024 U.S. elections is expected to be substantial, reshaping voter engagement, campaign strategies, and election outcomes. Here are key areas where social media will make a difference;

1

Targeted Advertising and Micro-Targeting

Social media platforms have allowed campaigns to craft targeted messages aimed at very specific voter demographics. Campaigns can now filter by location, interests, behavior, age, and voting history to deliver highly personalized ads. This data-driven approach means that the right voters see the right message, which can directly influence swing voters or those in key battleground states.

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Viral Campaign Content

Campaigns use viral content strategies whether through memes, short videos, or tweets to spread their message far and wide. Candidates like Donald Trump in 2016 and Bernie Sanders in 2020 showed how viral moments on platforms like Twitter could shape public opinion. In 2024, there’s already more focus on short-form video platforms such as TikTok, which has become a powerful tool for engaging younger voters.

Politicians are using influencers to endorse their platforms and amplify their content.

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Influence on Voter Turnout

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Political ads on social media platforms are specifically crafted to encourage voter turnout. Studies show that social media ads, when combined with “Get Out the Vote (GOTV) campaigns, can significantly boost voter participation.

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Shaping Public Discourse

Social media’s real-time nature enables rapid dissemination of news, which means that political ads often set or steer the agenda for mainstream media conversations. Major political moments in the 2024 election have broken through on social platforms and influenced broader public discourse. Candidates are now shaping the news cycle with one well-placed ad or tweet, whether it’s a policy announcement, debate moment, or political controversy.

The Effects of Political Advertising on Voters

Political advertising has a profound effect on voter behavior. Studies have shown that well-targeted ads can increase voter turnout, influence undecided voters, and even sway voters’ opinions on key issues.

Harvard Kennedy School, political ads can increase voter turnout by as much as 3%, especially when targeting younger and first time voters.

Leaving voters to make their own decisions about whether or not they believe a politician’s statements isn’t necessarily a bad thing; one could argue that that’s a fundamental part of the democratic process. But social media has a distinctive characteristic that makes it very different from other traditional mediums of communication it allows for micro-targeting. And microtargeting makes it very hard to distinguish real news and fake news.

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It is easy to single out susceptible groups and direct political misinformation to them with little accountability because the public at large never sees the ad.

 

Ellen L. Weintraub

Chair of the Federal Election Commission

As a result, falsehoods in microtargeted political ads may go unchecked. And these falsehoods can have a significant impact on elections.

However, political advertising also has its drawbacks. Negative ads, while effective, can polarize voters and increase political cynicism. Furthermore, with the rise of AI and deepfakes, voters are increasingly exposed to misleading or false information, which can erode trust in the electoral process.

Challenges in Regulating Political Advertising

Despite the new laws and regulations, enforcing transparency in political advertising remains a challenge. Social media platforms are global entities, and political ads can often slip through regulatory loopholes. For example, in the 2020 U.S. elections, it was reported that foreign actors used social media to influence voter behavior, and despite increased scrutiny, this remains a concern in 2024.

Additionally, the use of AI and data analytics in political advertising raises privacy concerns. Many voters are unaware of how much of their personal data is being used to target them with political ads, leading to calls for stronger data protection laws.

For more insights into the future of social media political advertising, schedule a session with us today.

Tonny Ogwa is a storyteller. He tells stories about people and brands. His work has been published in both regional and international literary journals, newspapers, and other publications. When he is not writing, he's reading a good book or watching a terrific film.

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