Regulating Politics in the Digital Sphere

The legal regulation of politics and elections has, at its core, the aim of preserving three fundamental democratic values: liberty, equality and deliberative political participation. Existing studies of electoral regulation and the laws pertaining to political organisations have shown the inherent tensions between these values, how they are interpreted and applied in different democratic contexts, and the institutional configurations (for example, campaign finance laws, electoral provisions etc.) that are associated with each value. Yet, the reference point for examining these values is a conception of politics that is rooted in 19th and 20th century practices: where political campaigning and mobilisation follows terrestrial principles of organisation. With reference to the evolving organisational practices of political organisations, developments in campaigning and citizens’ digital participation in politics, this paper evaluates these core democratic norms, assesses their suitability for 21st century politics, and analyses how the law might adapt to keep pace with the changing nature of political engagement.