Measures to Tackle Delusional Political Campaigns

Parin Jaruthavee
(Researcher, King Prajadhipok’s Institute）
Waralee Pitakwong
(Independent researcher)
November 11, 2024

Introduction

To quote the classic work Absent Mandate, “Absent mandates are likely to be the rule, not the exception. Elections decide who shall govern, but rarely the substance of public policy.”^[1] Political parties are well known for making promises to gain votes,^[2] yet their achievements and failures in keeping their promises, once the party has become the governing body, are not as widely discussed.

In some jurisdictions, there are no specific legal instruments that prohibit unfeasible or false political campaign speeches or even hold political parties accountable for the negative outcomes affecting the public from delusional political campaigns.

Importantly, digital technology has revolutionized the methods by which political parties run their political campaigns. Social media, artificial intelligence, data analytics, and online targeting have been adopted as political campaigning strategies during the electoral period. The content of campaigns can easily go viral^[3] and be disseminated to the individual based on their algorithmic personalization.^[4] Delusional political campaign speeches disseminated and amplified by technology could play a significant role in influencing voters. Reinforced in this way, campaign messaging can become a powerful force of persuasion, swaying public opinion to reshape a democratic country. Given the need to protect freedom of speech and the absence of legal mechanisms governing content-based political campaign messages, this article will discuss the key framework relating to delusional political campaigns and how it should be tackled in order to empower voters and create a healthier ecosystem within democratic society.

What Is a Political Campaign?

Political or electoral campaigns are means that candidates and political parties use, competitively, to win voter support during an election period.  These campaigns present the ideas and political stances of the candidates and their parties.^[5] The Cambridge Dictionary defines “election campaign” as the period of time immediately before an election when politicians try to persuade people to vote for them.^[6] Time is of the essence in an election campaign, so electoral legislation may allocate fair broadcasting time to each and every candidate.^[7] Various methods are used to deliver political campaigns to eligible voters, including traditional and new media, public events, and written materials, among others.^[8]

As technology has further developed and communication methods have changed over time, the method of political campaigning has changed as well. In the United States of America, the development of political campaigning methods can be divided into three phases: 1) old media, new politics (1992-1994); 2) new media, new politics 1.0 (1996-2006); and 3) new media, new politics 2.0 (2008-present). The new media, new politics 2.0 period is characterized by expanded and sophisticated use of digital technology for campaign applications, with higher levels of interactive information sharing, networking, and engagement. Moreover, big data has been used to target voters with messages based on their preferences and to make predictions about voter behavior and election outcomes.^[9]

From another perspective, political campaigns have developed in three ways: 1) professionalization, where consultants from corporate communication worlds are brought in to develop strategic campaign design and execution; 2) marketization, where  political actions such as a vote, a click on social media, or a donation are assigned a value when they are promoted; and 3) mediatization, where media are used as a crucial means to reach a significant number of potential supporters; thus, sophisticated media strategies and timetables are planned to achieve voter engagement and support.^[10]

It is worth highlighting that the importance of political campaigns lies in the effect they have on citizens, as these campaigns not only determine the political program of a country but also the political stance of the elected government towards its citizens and other nations.^[11]

What Is Considered a Delusional Political Campaign?

In this article, the term “delusional” political campaigns has been chosen to represent political campaign content that is false, unfeasible or unrealistic, and also to reflect the popularity of the term and its slang relation, “delulu,” among today’s younger generations. According to the Cambridge Dictionary, “delusional” means believing things that are not true.^[12] Synonyms include fantasy, non-factual, and falsity. In this paper, a delusional political campaign message is one that is promised but is not feasible in reality – and thus is ultimately not delivered. In other words, this type of campaign tends to create a fantasy for the voter to believe in; however, whether the policy or pledge is feasible or not has yet to be proven.

The next question to ask is whether these false promises, referred to in this paper as delusional campaigns, including individual defamation, and dissemination of false and misleading campaign speech, are subject to specific sanctions under law. In India, the Election Commission has stated that it has no constitutional power to take action against political parties if they fail to deliver on their promises. Nonetheless, the Supreme Court shall create guidelines in this regard.^[13] In the United Kingdom, it has been suggested that a political promise is not an “offer” and, in the same manner, the act of voting for the candidate is not an “acceptance”; therefore, there is no legal bond between the candidate who made the promise and the voter. Although the English courts have tried to use the method of “public law estoppel” in order to stop public officials from reneging on their promises to citizens, it has not been widely used.^[14] In the United States, where the First Amendment is often cited, it has been speculated that there is an inconsistency in prohibiting or sanctioning false political campaigns because, on one side, unchecked excesses in campaign speech can threaten the legitimacy and credibility of the political system; while on the other side, regulating campaign speech could be problematic since there are dangers and risks in allowing the government and the courts to interfere with political campaigns.^[15] More recently, various courts have upheld the First Amendment right of candidates, allowing them to make promises freely.^[16] In Thailand, there are no specific legal requirements or regulatory frameworks that prohibit unfeasible or false political campaign promises.

While there do exist legal sanctions for defamation and spreading false information,^[17] legal actions that can hold a candidate accountable for their delusional campaign promises remain absent.

Does this ultimately mean that politicians can create a “delulu is the solulu”^[18] statement (in this case, a delusional statement that promises to solve the people’s problem), which only aims to win them votes and cannot practically be implemented? In the absence of competent democratic measures to hold candidates accountable, in other words checks and balances,^[19] it is the authors’ view that yes, they are allowed to do so.

Is There Any Measure That Can, at Least, Spot or Tackle a Delusional Political Campaign?

Although there is no explicit legal framework that prohibits or restricts delusional political campaign speeches in many jurisdictions due to free speech protection, such political campaigns could have actual impacts on voters and on democratic society, especially during the electoral period. The impacts may include undermining voters’ ability to make well-informed choices and distorting the electoral process by influencing voters to vote in ways they otherwise would not.^[20]Thus, creditability, legitimacy, and public trust^[21] in the electoral system and the democratic society are diluted.

With all that said, it is worth considering how a democratic society can have healthier campaign regulations that can protect the general public from being falsely influenced by political parties. The authors believe that alternative measures, apart from hard rules, could be considered and implemented to mitigate the risks of delusional political campaigns. Hence, our discussion focuses on alternative measures aiming to mitigate the risks of delusional campaigns, rather than focusing on limiting political campaign messaging.

The authors further believe that there is no silver bullet for this issue, and multi-dimensional measures and interdisciplinary considerations are called for. The potential measures that should be considered when tackling a delusional campaign can be summarized into three main topics.

1.Transparency and accountability

More transparency on political campaigns and related processes is needed to provide greater access to information for voters, which will allow them to make well-informed decisions; thus, voting not just for the candidate, but for the policy that will be enacted.

Moreover, from a legal and political perspective, transparency is a longstanding concept for democracy-related matters. According to Balkin, it is “a means to see the truth and motives behind people’s actions and to ensure social accountability.”^[22] It functions as a “way of increasing legitimacy with citizens.”^[23] Thus, transparency offers a lens to see through the process, to monitor, review, and even intervene if required, allowing citizens to justify for themselves what is right and wrong and ultimately hold the political party accountable for what it has promised.

To further discuss, one prominent topic related to political campaigns, feasibility, and impacts, which has been widely debated internationally, is the 10,000-baht Digital Wallet Scheme (DWS) in Thailand. This political campaign, launched by Pheu Thai Party, has been heavily questioned by the public and academics, regarding the campaign’s source of funding and whether the scheme would be against the law on State Fiscal and Financial Disciplines. Associate Professor Dr. Aat Pisanwanich has even stated, “This is a lesson for political parties; if they do not think about [a political campaign] carefully and only focus on gaining votes, it will result in a disgrace.”^[24] Although the Party has submitted details of the scheme according to Article 57 of the Organic Act on Political Parties B.E. 2560 (2017), only four pieces of information are available: 1. The Name of the Policy – Digital currency and digital wallet for the people; 2. Source of Funding – Usual government budget; 3. The Value of the Policy – Develop a CBDC in order to enhance the country’s financial system; and 4. Effects and Risks – Requires technical knowledge and experience and public understanding.^[25] This was also followed by several statements and explanations by the Party; however, the campaign has raised questions from the general public. In fact, the National Anti-Corruption Commission has also expressed its concern and proposed eight recommendations regarding the policy, one of which is that the Election Commission examine whether the campaign goes against the Constitution and Organic Act on Political Parties since there is a difference in the details of the scheme between when it was first announced by Pheu Thai Party and when the policy was stated in the Government’s Policy Statement to the Parliament. This absence of discretion may set a standard for campaigning parties to promote whatever policy they want without the need to follow through once elected. In other words, the accountability of the elected political party will be decreased. Despite the Bank of Thailand’s opposition to this scheme, the Deputy Minister of Finance from Pheu Thai Party stated that registration of the DWS would be announced at the end of July^[26] and the Prime Minister would make a statement to provide clarity on the issue on 24 July 2024.^[27]

In sum, to deliver transparency, avoid the waste of man-power, and answer questions from the public, a feasibility study should be conducted before the political campaign season starts. The report of this study should be published and freely accessible to the public. The topics addressed should include not only campaign and policy, but also, among others, the rationales, the estimated budget and intended source thereof, impact assessment on economy and society, impact on players in the society, and measures to stop loss or recovery measures. This feasibility report should reflect the viability of each political campaign, to sufficiently inform the voters before the election. This will allow the people not only to see the political campaign without its sugarcoating, but also to see the underlying intentions.

In addition, transparency as a system of social accountability should be considered and implemented. This could be done by analyzing and visualizing the data and recording of political campaigns before, during, and after elections as well as during the tenure of the elected government.

The election commission or competent independent agency should consider deploying technology that can be adopted to help improve transparency, which eventually could lead to appropriate accountability. Data analytics can be used to record, monitor, and analyze political campaign speeches. The sources of information can be various, for instance social media monitoring, collecting publicized political campaigns and speeches, and record-keeping such data during the campaign period. Once the election is complete, analysis can be made of the political messaging during the electoral period compared with the implementation of such policy in action. If the campaign promises prove to not be feasible during the implementation stage, the government should provide rationales to justify such unfeasibility. Analyzing the failed or unfeasible political campaigns and policy implementation could help provide insightful views on which campaigns would not work, and why, in turn paving the way to create better and more feasible campaigns in the future. ^[28]

Looking forward to the longer term, creating a web of information systems on political campaigns as mentioned above could show the tendencies and statistics of the political parties and government promises. The information collected will illustrate how and whether a political party keeps its word and realizes its visions, as well as how it handles the public interest and the citizens’ hopes. Accordingly, an information system of this sort may potentially provide a self-correcting mechanism for political parties because it will demonstrate to the citizens whether they are reliable promise-keepers and whether their campaigns are feasible.

While it may be argued that the requirement for feasibility studies would create an undue burden on political parties and potentially obstruct their creativity in producing policies by limiting their freedom, the authors believe that a preliminary feasibility study (e.g., comparative studies, consultation with relevant stakeholders, related laws and regulations, and government capacity) should be set as a basic threshold for each and every policy, before launching it as a political campaign. The aim is to achieve a balance that helps create trust between the elected political party and the people, increases political accountability, mitigates any risks, and resolves any questions that may occur – and that also ultimately reduces the government’s use of resources in the policy initiation phase.

2.Ethics

There is a popular belief that political parties are not reliable promise keepers,^[29] and therefore a code of conduct for political parties and politicians should be put in place to help regain the public trust.

In Thailand, Article 57 of the Organic Act on Political Parties B.E. 2560 (2017) states that

“The opinion of the political party branches and the provincial political party representatives shall be taken into account for the determination of political party’s policies to be advertised. The advertisement of any policy which requires money to operate shall at least consist of the following particulars:

(1) Budget and source of budget to be used for the operation.

(2) Worthiness and benefits from such policy operation.

(3) Consequences and risks from such policy operation.

In case any political party does not provide the particulars under Paragraph One, the Commission shall give an order to such political party to completely and correctly perform such action within the specified period.”

Since the implementation of the Act, the Election Commission has received explanations of political campaigns from 70 political parties.^[30] However, a review of the documents submitted to the Election Commission, in regard to Article 57, shows that only four items are addressed: 1. The Name of the Policy; 2. Source of Funding; 3. The Value of the Policy; and 4. Effects and Risks. The information under each subject is only a few sentences long. Therefore, the Article only serves as a minimum requirement and should not be construed as a code of conduct that binds the political parties to their promises. Notably, the penalty only covers the act of not submitting the explanation document, and does not challenge the failure to enact promises made during a political campaign.

The authors believe that the suggested code of conduct does not need to be a detailed code that may limit the freedom of speech of politicians and political parties. Rather, it should be merely a framework that improves the ethics in formulating and preparing political campaigns and policy processes. The authors view that further studies should be conducted to strike the right balance between ethics and guidelines on one hand, and protection of the freedom of speech on the other. This code of conduct may be included in the preliminary study mentioned earlier in this paper.

3.Awareness and media literacy

Beyond the measures mentioned above, a healthier discussion of delusional political campaigns and feasible ones cannot be achieved if a civil society lacks the awareness and media literacy that can enable citizens to differentiate between such campaigns. Appropriate awareness and sufficient media literacy will help complement the outcomes of transparency and accountability, and the ethics of political parties. Such awareness can be achieved by increasing the participation of the citizens and enabling community monitoring to be a watchdog in the political sphere.

Media literacy and awareness enhancement could be achieved through having the relevant authorities, such as the Election Commission or an independent agency, publicly provide access to feasibility reports and summary and comparison of the campaigns of each party. Such information should be published and communicated at a layperson level that fosters inclusivity. The details provided could then be cited in public debates and during the campaign period. This would help lower the barrier in understanding and critically evaluating the campaigns of the various parties. In addition, a public guideline and basic curriculum on fallacy and logic (the study of correct reasoning) should be encouraged and supported by the Ministry of Education, intended to equip future voters with appropriate armor against false political campaigns. Further, solving and mitigating the risks inherent in false political campaigns requires effort across the spectrum of international organizations, political parties, technology companies, and civil society.^[31]

Thailand’s Minister of Digital Economy and Society has stated that people aged 60 and over have been found to be the greatest source of inaccurate information online.^[32] As is also supported by other studies,^[33] this age factor could play a huge role in the political scene since today’s political parties deploy political campaigns via new media outlets where fallacies may not be visible to seasoned voters.

Conclusion

Further and in-depth research in this area is called for. We believe that evidence-based multidisciplinary analysis can ultimately help the citizens in democratic societies to understand the actual impacts of political campaigning, and how alternative solutions can be implemented to inform the general public and create a healthier political campaign arena. Looking forward, we hope that a tangible rule, which also serves as a handbook for political campaigning, will enable political parties to create more feasible electoral campaigns that can be implemented by the elected party. The overarching goal is to help countries develop more sustainably and with less friction, especially between the people and the elected government, ensuring that campaign promises can be realized.

 

 

 

---

Notes

[1]Harold D. Clarke, Lawrence LeDuc, Jane Jenson and Jon H. Pammett, Absent Mandate: Canadian Electoral Politics in an Age of Restructuring (Vancouver: Gage, 1996), p. 143; cited by François Pétry, Dominic Duval and Lisa Maureen Birch, “Do Politicians Keep Their Election Promises, and Does It Matter?” Inroads (Winter/Spring 2018). (https://inroadsjournal.ca/politicians-keep-election-promises-matter/ Accessed on 2024-04-23)

[2]François Pétry and Benoît Collette, “Measuring How Political Parties Keep Their Promises: A Positive Perspective from Political Science,” in Louis M. Imbeau, ed., Do They Walk Like They Talk? Speech and Action in Policy Processes (Springer, 2009, Volume 15), pp. 65-80.

[3]Lisa Hill, Max Douglass and Ravi Baltutis, “The Effects of False Campaign Statements,” in How and Why to Regulate False Political Advertising in Australia (Singapore: Palgrave Macmillan, 2022), p. 15.

[4]Sarah Kreps, “The Role of Technology in Online Misinformation,” Brookings (June 2020). (https://www.brookings.edu/articles/the-role-of-technology-in-online-misinformation/ Accessed on 2024-05-01)

[5] Sue Nelson, Agnieszka Dobrzynska and Daniel Finn, “Electoral Integrity,” ACE Electoral Knowledge Network (2012).  (https://aceproject.org/ace-en/topics/ei/eif/eif08/default Accessed on 2024-04-22)

[6] “Election campaign,” Cambridge Dictionary (2024).  (https://dictionary.cambridge.org/dictionary/english/election-campaign Accessed on 2024-04-22)

[7] Nelson et al., “Electoral Integrity.”

[8] Michelle Brown, Elana Kreiger-Benson, Michael McNulty and Samantha Moog, “Election Data Guide,” Open Election Data Initiative (2015).. (https://openelectiondata.net/en/guide/key-categories/election-campaigns/ Accessed on 2024-04-22)

[9] Diana Owen, “New Media and Political Campaigns,” in Kate Kenski and Kathleen Hall Jamieson, eds., The Oxford Handbook of Political Communication  (online edn: Oxford Academic, 2018), pp. 823-836.

[10]Darren G. Lilleker, “Political Campaigns,” in Fathali M. Moghaddam, ed., The SAGE Encyclopedia of Political Behavior  (Thousand Oaks, CA: SAGE Publications, 2017), pp. 603-606.

[11]Ibid., p. 603.

[12] “Delusional,” Cambridge Dictionary (2024). (https://dictionary.cambridge.org/dictionary/english/delusion Accessed on 2024-09-20)

[13] “Can’t Act Against Parties Not Fulfilling Poll Promises: Election Commission,” The Economic Times (June 14, 2015). (https://economictimes.indiatimes.com/news/politics-and-nation/cant-act-against-parties-not-fulfilling-poll-promises-election-commission/articleshow/47664032.cms Accessed on 2024-04-23)

[14]David Allen Green, “If a Politician Breaks a Promise Should a Voter Have a Legal Remedy?” Financial Times (April 16, 2015). (https://www.ft.com/content/b2b418d4-7d31-3cf0-be2e-388096d9cfe8 Accessed on 2024-04-23)

[15]William P. Marshall, “False Campaign Speech and the First Amendment,” University of Pennsylvania Law Review, 153-285 (2004), pp. 285-323.

[16]Domenico Montanaro, “The Truth in Political Advertising: ‘You’re Allowed to Lie,’” NPR (March 17, 2022). (https://www.npr.org/2022/03/17/1087047638/the-truth-in-political-advertising-youre-allowed-to-lie Accessed on 2024-04-23)

[17] Marshall, “False Campaign Speech and the First Amendment.”

[18] Mark Travers, “Is ‘Delulu’ Really the ‘Solulu’: A Psychologist Explores the New TikTok Trend,” Forbes (September 21, 2023). (https://www.forbes.com/sites/traversmark/2023/09/21/is-delulu-really-the-solulu-a-psychologist-explores-the-new-tiktok-trend/?sh=3ef1b8147196 Accessed on 2024-04-25)

[19] Prakhar Misra and Kadambari Shah, “Unfulfilled Political Promises Weaken the Spirit of Democracy,” THE WIRE (April 17, 2019). (https://thewire.in/politics/election-2019-party-manifestos Accessed on 2023-04-23)

[20] Marshall, “False Campaign Speech and the First Amendment.”

[21] Ibid., p. 286.

[22]Jack M. Balkin, “How Mass Media Simulate Political Transparency,” Cultural Values 3-4 (1999), pp. 393–413.

[23]David S. Allen, “The Trouble with Transparency,” Journalism Studies, 9-3 (2008), pp. 324.

[24]Jitsiree Thongnoi, “Kon Thai tam ‘Digital Wallet ja tum dai mai’ [Thai people ask, ‘Is Digital Wallet Feasible’],” Benar News (March 27, 2024). (https://www.benarnews.org/thai/news/th-digital-wallet-pheu-thai-03272024110930.html. Accessed on 2024-07-08)

[25]Thai Publica, “‘Phue Thai jang Gor Tor jed sib nayobai chai ngeun jak nhai’ [‘Pheu Thai’ reports the source of funding of 70 policies to the Election Commission],” Thai Publica (April 21, 2023). (https://thaipublica.org/2023/04/responsible-election2566-17/. Accessed on 2024-07-08)

[26]Bangkok Biz News, “Long tabien app tang rat ror rub sit ‘Digital Wallet’ saroob chud sin duen gor kor nee [Registration through the gov’s application for the ‘Digital Wallet’ privilege, clear summary by the end of Jul.], Bangkok Biz News (July 5, 2024). (https://www.bangkokbiznews.com/business/economic/1134561. Accessed on 2024-07-08)

[27]Royal Thai Government, “Kao tumniab rattaban [Royal Government House News],” Royal Thai Government (July 8, 2024). (https://www.thaigov.go.th/news/contents/ministry_details/85538. Accessed on 2024-07-08)

[28]Alexis Tretschok, “Opinion: Failed Campaigns Are Instrumental to Future Campaign Success,”State Press (April 28, 2021). (https://www.statepress.com/article/2021/04/spopinion-failed-campaigns-are-instrumental-to-future-campaign-success, Accessed on 2024-05-01)

[29]Pétry and Collette, “Measuring How Political Parties Keep Their Promises.”

[30]Election Commission, “Nayobai kong pak garn meung nai garn har siang lurk tang [Political Parties’ Election Campaigns],” Election Commission (n.d.). (https://www.ect.go.th/ect_th/th/political-party-in-mp66. Accessed on 2024-07-08)

[31]“State-Sponsored Online Disinformation: Impact on Electoral Integrity in Thailand,” Asia Centre (2023), pp. 27-28.

[32]Post Reportors, “Anti-fake News Centre Pins Blame on Elderly,” Bangkok Post (December 2, 2019). (https://www.bangkokpost.com/thailand/general/1806984/anti-fake-news-centre-pins-blame-on-elderly. Accessed on 2024-07-16)

[33]Nadia M. Brashier and Daniel L. Schacter, “Aging in an Era of Fake News,” Current Directions in Psychological Science, 29-3 (2020), pp. 316–323; Brooke Adams, “Aging and Fake News: It’s Not the Story You Think It Is,” University of Florida News (May 2, 2022). (https://news.ufl.edu/2022/05/aging-adults-fake-news/#:~:text=So%20how%20good%20are%20older,as%20the%20%E2%80%9Coldest%20old.%E2%80%9D. Accessed on 2024-07-16)