On September 3, 2025, the Council of State issued an opinion on the Implementation Law on Regulation of Transparency and Targeted Political Advertising. The opinion was published on Sept. 8.
The European regulation sets rules for political advertising, both offline, such as in newspapers, and online, such as on social media. There are also rules for so-called targeting: the targeting of political ads to specific groups. The aim is to make clear who is responsible for advertising, how it is paid for and how it reaches citizens. This will allow voters to make more informed choices and make monitoring easier.
The Implementation Act regulates how this supervision will be organized in the Netherlands. The Commissariaat voor de Media will have the lead role in this, while the Personal Data Authority will supervise the use of targeting. The Consumer & Market Authority coordinates the supervision of platforms and other intermediaries, in line with its role within the European Digital Services Act.
According to the Council of State, the regulation is of great importance for the democratic rule of law. It touches on elections and the right to vote, the freedom and diversity of the media, freedom of expression and association, and the protection of privacy. At the same time, tension can arise. After all, political advertising is a form of free speech, but at the same time it must be regulated to ensure the integrity of the democratic process. Therefore, it is crucial to strike a careful balance each time and to have a public debate about it as well.
The Council of State understands that the choice has been made to designate the Media Authority as supervisor, but asks the government to give better reasons for this. In addition, it points out that the implementing law limits ministerial responsibility. Normally, a minister can direct the policy of supervisors and account for it to parliament. In this case this is deviated from, which also limits parliamentary control. According to the Council, the current justification for this is insufficient, especially since it involves sensitive tasks that affect the functioning of democracy.
If the government nevertheless sticks to this restriction, the Council believes it must make clear how public accountability for these choices will be shaped. It is important that the discussion about the application of the regulation is not limited to a legal-technical debate, but becomes the subject of broader public discussion.
The Council of State advises the government to take these comments into account before sending the bill to the House of Representatives.
