Brexit, Trump and Post-Truth Politics

‘Post-truth politics’ emerged as an enduring theme of 2016; particularly following the Brexit referendum in the UK and the electoral college victory of Donald Trump in the US. Concern about post-truth politics has led some to suggest that statements made during election and referenda campaigns should be subject to regulatory oversight, in a way analogous to the regulation of advertising claims. However, calls for greater regulatory oversight of political speech have tended to ignore the scale of the challenge of designing a truly fair and impartial regulatory system that is free from any bias. Indeed, a regulator with enough power to be effective would also be a very high-profile target for corruption. This editorial seeks to problematise the regulation of political speech.