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Election campaign advertising

By advertising, parties present themselves and their programmes in order to collect votes.

There are no legal provisions pertaining to election campaign advertising. On principle, the possibility to advertise is protected by Article 5 (1) (freedom of the press), Article 5 (3) (freedom of arts) and Article 21 (party privilege) of the Basic Constitutional Law.

The Federal Returning Officer is not responsible for election campaign advertising and its legal assessment; he or she is committed to impartiality. It is the parties who are responsible for the content of their advertising.

There are limits to such advertising, however, where banned political parties advertise or where election campaign advertising is liable for punishment; it is subject to generally applicable laws.

The municipalities have to authorise the following:

• billboard advertising
• use of loudspeakers and megaphones in public streets and spaces
• setting up of information booths in public streets and spaces
• use of public facilities.

The parties which take part in the election will get adequate transmission time for their commercials – depending on the party’s importance – from television and broadcasting stations at cost price. Here the legal provisions of federal and/or Land law have to be observed (e. g. Agreement on Broadcasting between the German Länder, agreements between Länder, media laws of the the Länder).

Last update: 13 February 2023