Party Election Broadcasts

Principles and Regulations

The underlying principles of the United Kingdom's PEB model are (1) provision of a relatively level electoral playing field for the major parties, (2) control of campaign costs, and (3) balancing freedom of speech against the other two aims.

There has been cross-party consensus on these principles, and they explain the historic opposition to paid political advertising on television. The PEB system operated voluntarily until 1990 when the Broadcasting Act enshrined it in law. The regulatory framework is now overseen by the BBC and Ofcom, the regulator of the commercial sector. Ofcom sets the minimum requirements for designated broadcast channels in regard to carrying PEBs of specified lengths, currently between just under 3 and 5 minutes. The BBC and the main private terrestrial channels (ITV, Channel 4, and Channel 5) must air PEBs in peak time for general elections and national referenda. PEBs are offered to the “major parties”: the three main parties Conservative, Labour, Liberal Democrat, plus the Scottish and Welsh nationalists and main parties in Northern Ireland. “Minor” parties may qualify for PEBs, provided they are registered with the Electoral Commission and contest at least one-sixth of all seats up for election.

The PEB rules keep political advertising tightly within the main parties' ambit. However, at every general election in recent times, there have been special interest parties that meet the qualification threshold. The Ofcom code sets the guidelines but leaves the detail of allocation and scheduling to the BBC and the “designated” commercial broadcasters. By convention since 1964, the Conservative and Labour parties have received five PEBs each per general election and the Liberals usually four. Allotments to minor parties are based on preexisting strength in Parliament and opinion polls but rarely amount to more than one each.

Control of costs has been a powerful argument against the introduction of paid political advertising. The ban has contained the costs of national campaigns, such that central election spending in Britain is no higher in real terms than in the 1960s. Moreover, the PEBs offer a subsidy in kind, offsetting the historic fund-raising advantage of the Conservatives. Freedom of speech is the third regulatory aim, and this is protected in the Ofcom Broadcasting Code. PEBs are free from the commercial advertising consumer protections of “honesty” and “truthfulness” and are not subject to the complaints procedures that Ofcom adjudicates for regular commercials.

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