AAL Insight: Social Media Targeting Voters

Feb 10, 2018

Written By Jack J Collins, Editor of AllAboutLaw

An investigation has been launched into the methods which political parties use to target voters on social media, and the parties have been warned that if they’re using distinct data on individuals in order to decide who to target, then they could be at risk of falling foul of the law.

Elizabeth Denham, the information commissioner, was the one who heralded the beginning of the investigation, which has been described as being “into the use of data analytics for political purposes.”

It was also announced that the investigation will go deeper into the data in order to find more comprehensive answers than the current investigation into political campaigns, which is delving into the targeting processes used during the European referendum campaign.

“Given the big data revolution, it is understandable that political campaigns are exploring the potential of advanced data analysis tools to help win votes,” she told the Guardian. “The public have the right to expect that this takes place in accordance with the law as it relates to data protection and electronic marketing.”

Denham also stated that there had been a meeting last week between the major political parties and the Information Commissioner’s Office, where the parties had been reminded that even on social media such as Facebook and Twitter, the laws surrounding the collection and use of data were set in stone.

There will always be use of advertising during an election campaign, and with the importance of social media in the current political landscape, there can be no doubting that there will always be a certain degree of broad targeting online.

Denham went on to say, however, that “if political campaigns or third-party companies are able to gather up very precise digital trails to then individually target people, that is an area they are going to be outside the law” in.

Investigations into data analytics companies are underway in a number of fields, but with the results related to the EU referendum, there is a degree of crossover with the election investigation. A number of firms from across the Atlantic are being looked into in their connections with the Vote Leave and Leave.EU campaigns.

It is believed that both the Conservative and Labour parties have set aside around £1 million to directly advertise to voters via social media, specifically targeting Facebook as the main focal point of their online activity. Facebook’s advertising system allows for the broad targeting of groups based on wide demographics or their usage of the platform in general.

Speaking to the Media Show on Radio 4 last Wednesday, Denham stated that: “There have been some strong allegations made about the ability of companies to work with campaigns to micro-target individuals using their digital trails online to … identify where their political leanings may be and target them in some way. We are looking at former campaigns and we will look at how political parties are using personal data in this one.”

This means that the information commissioner feels that there might be some foul play at work in targeting adverts directly at individuals based on their psychological profile, which could be worked out from their activity online – this is illegal as it is seen as a breach of personal privacy.

The other major issue that the election has thrown up online is the use of Conservative ‘attack ads’, which have surfaced on the Facebook pages of those in marginal constituencies.

BBC’s Trending service have been working with Newsnight on a campaign to learn more about the use of social media during a general election, and have come across a trend of personal, cynical advertisements about the personalities of their Labour opposition.

A clear trend has emerged which sees Conservative adverts on the platform broadcasting people about the threats associated with the Labour leadership – especially Jeremy Corbyn, John McDonnell and Diane Abbott.

They’re also often reactive, such as an immediate rebranding and reposting of the video which showed Corbyn attempting to find a figure on his iPad, when he did not know it off the top of his head.

In contrast, the Labour adverts are more about what they plan on doing, a sign that they believe their manifesto to be stronger; whereas the Conservatives have resorted to relying on May’s apparent strong personality to lead them through the election.

Interestingly, the Conservatives are now employing a strategy which is widespread across the pond in America, where candidates attempt to ridicule their opponents than to play on their own strengths – and there are questions as to whether this tactic comes from behind-the-scenes puppetmaster Lynton Crosby, who May said she wanted to be the strategist for her election campaign, based on the success of the populism of both Brexit and Donald Trump.

Tim Bale of Queen Mary University, an expert in Conservative Party politics, told the BBC that the Tories are desperate to play on Theresa May's favourable leadership ratings. "The Tories know from work done by Lynton Crosby and Mark Textor that Corbyn is Labour's biggest weakness and May is their biggest strength," he said. "Targeting Corbyn's leadership is a no-brainer."

But with May’s leadership credentials on a somewhat negative slide, will the Conservative desire to play on a strength which appears to be rapidly failing prove to be a masterstroke, or their biggest downfall?

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