How to regulate online political advertising to ensure democratic electoral processes? Effectiveness, differences and influences of the EU and US measures

The chapter first assess the reasons why online political advertising constitutes a dangerous vector of disinformation, and then delve into the legislative solution adopted in the EU to address this phenomenon, namely the Regulation on transparency and targeting of political advertising (“TTPAR”), which is applicable from 10 October 2025. The relevance of this act had already emerged before the date set for its application, with the publication of a significant ruling by the Romanian Constitutional Court in December 2024, which will be analysed in order to reflect on the relationship existing between the TTPAR and, on the one hand, other international instruments such as the Code of Good Conduct in Electoral Matters adopted in the context of the Council of Europe, and, on the other hand, with the other EU tool adopted to combat disinformation, namely the Digital Services Act (“DSA”). Finally, the present chapter offers a brief overview of the US measures adopted at both federal and state levels to somehow regulate online political advertising, in order to evaluate whether there are common trends between the EU and US legal orders and if the adopted measures are effective enough to address one of the most severe threats to democracy and the rule of law.