In this episode of the Election 2026 podcast series, Solicitor Michael O’Brien is joined by Partner Briony Davies and Senior Associate Mark Calderwood to discuss the rules and risks around government advertising in an election year. Their discussion explores why government funded advertising attracts heightened scrutiny during election periods, how it differs from political advertising, where the relevant rules come from, and why drawing the line between legitimate public information and electioneering can be difficult in practice.
[01:08] Mark explains why government advertising matters in an election context, referencing the 2006 Auditor General’s report into pre-election advertising and the ongoing sensitivity around taxpayer funded communications that may border on electioneering.
[02:37] Briony discusses the fine line between government advertising and political advertising, particularly in an election year, and why crossing that line can attract legal and public scrutiny. She highlights recent examples of controversial government advertising.
[04:37] Mark outlines the distinction between election advertisements and government advertisements and introduces the long standing Cabinet Office guidance on government advertising that continues to apply across modern advertising platforms. The guidance is focused on advertising by government and Parliament, rather than political parties or election advertising, which will be addressed in future episodes in the series.
[07:00] Briony explains where the rules come from, identifying three main sources of public funding for advertising; departmental funding, parliamentary funding, and ministerial office funding. She notes departmental advertising and the requirement for political neutrality, including the role of Public Service Commission guidance and Cabinet Office guidelines.
[09:00] Mark explains rules and risks relating to advertising by government departments, including the limits imposed by codes of conduct and the expectation that public funds are not used for political purposes. He discusses why these rules exist, highlighting concerns about public trust, transparency, and the risk of unfair electoral advantage for incumbent governments.
[11:33] Michael asks Briony and Mark about historical pledge card controversies, illustrating the long standing tension between parliamentary communication and electioneering. They outline when government advertising is appropriate, including informing the public about policies and services, advising of rights and obligations, and encouraging behaviours in the public interest.
[15:39] Mark and Briony explain what should be avoided in government advertising, including emotive slogans, politically charged language, and messaging aligned with party branding. They identify election year dynamics, explaining why the pre-election period requires heightened caution and restraint in advertising activity.
[18:38] Michael asks when election-related caution is likely to kick in. Mark and Briony discuss the three month pre-election period convention, when government advertising is typically scaled back, and why there is often less need for policy focused advertising during that time.
[20:21] Michael asks about different rules relating to publicity being published by MPs using parliamentary fudning. Mark and Briony explain parliamentary advertising, outlining key rules under the Speaker’s Directions, including the requirement that advertising be for a parliamentary purpose and not amount to electioneering.
[22:33] The hosts provide details on the practical difficulty MPs face in communicating their work without encouraging votes, and why judgement calls and good advice are essential.
Information in this podcast is correct as at the date of recording, 3 March 2026.
Please contact Briony Davies and Mark Calderwood or our Public Law, if you need legal advice and guidance on any of the topics discussed in this episode.
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