LESSONS FOR REGULATING CAMPAIGNING ON SOCIAL MEDIA Executive Summary With support from USAID, in 2021, the International Foundation for Electoral Systems (IFES) launched ElectionJudgments.org, a curated database of national election judgments from around the world that facilitates the exchange of sound precedents across jurisdictions. 1 IFES has drawn on the database to conduct an initial analysis of cases involving online campaign violations so we can better understand the challenges that arise when applying regulations designed for offline campaigns to online conduct. A review of the litigation in this space, from France to Moldova and New Zealand to Mexico, found that new and tailored approaches that go beyond extending existing regulations that were designed for “traditional media” are needed for regulation of online campaigning to be effective. The cases in this analysis illustrated several important ways in which social media platforms differ from traditional media outlets, including a lack of an editorial process and the involvement of new actors, from citizens to social media influencers. The cases also highlight the need for a careful consideration of proportional remedies and more nuanced provisions that avoid imposing overly broad restrictions on speech. While this paper identifies some important considerations for policymakers in this space, it also acknowledges that changes in technology will likely continue to exceed the pace of regulation - leaving courts responsible for ruling in the gray areas. It is therefore imperative for judges to understand how platforms work in practice. Training and tailored resources could be useful to help judges understand the unique aspects of social and digital media and how they may clarify the types of conduct that might constitute online campaign violations. Introduction Social media’s influence over all aspects of life, including the political process, has grown tremendously over the last decade. The ability to access virtual platforms and engage with global communities of users has made our world more interconnected than ever before. However, the advance of social media can be a double-edged sword, especially during an election cycle. On the one hand, social media can enable candidates to communicate more directly with voters in real-time, but on the other, disinformation, hate speech, and censorship online are seen as fundamental threats to the integrity of elections worldwide. In its Countering Disinformation Guide, CEPPS shares extensive research and analysis about some of social media’s negative impacts on the democratic process and what can be done to promote information integrity. In assessing the legal and regulatory environment, the Guide notes significant variation in the extent to which legal and regulatory 1 The Elections Judgments database is supported by the United States Agency for International Development (USAID) under the Global Elections and Political Transitions (GEPT) Program. 1