Can a ban be introduced, just like that?
A ban on fossil fuel advertising could be introduced at the European, national or local level. But advertisers would be likely to challenge its legal validity, Kaupa believes. They could argue that such a ban infringes on their freedom of commercial expression or entrepreneurship, or that it conflicts with EU internal market regulations.
According to Kaupa, a ban is legally sound if it serves a legitimate purpose and is proportional. 'Such a ban would have two objectives: reducing demand for climate-damaging products; and countering misleading information from major polluters that undermines climate policy,' he explains. 'This would protect not only the environment but also public health and democracy – these are legitimate goals.'
A ban must also be proportional – meaning it should not go further than necessary to achieve the objectives mentioned above, while fairly balancing the interests of those involved. 'Current climate measures are simply not sufficient to reduce emissions in time. That’s why additional regulations, such as a ban on fossil fuel advertising, can be considered proportionate.'
Lessons from the ban on tobacco advertising
There are key similarities between advertising for tobacco and fossil fuels. Both products are extremely harmful: 'Smoking causes 8 million deaths annually, while burning fossil fuels is responsible for up to 10 million deaths due to air pollution,' says Kaupa. Advertising plays a major role in perpetuating this harmful consumption and allows companies to influence public opinion. 'Research has shown that the tobacco and fossil fuel industries use the same PR strategies. This includes denying scientific findings about the harmfulness of their products. The tobacco advertising ban significantly reduced smoking. So why should we still allow fossil fuel advertising?'
An advertising ban as part of climate policy
Research shows that measures to change consumer behaviour can have a major impact on reducing greenhouse gas emissions, Kaupa explains. This means, for example, that we need to shift the demand towards more sustainable transport or a more plant-based diet.
'People do want to live more sustainably,' says Kaupa. 'But when they’re constantly being tempted to book a cheap flight or buy a petrol car, it becomes difficult. Advertising keeps us trapped in old habits.' According to Kaupa, banning such ads would be a logical step within a broader package of climate policies.
The Hague as a test case
Some cities are already taking the lead. Earlier this year, The Hague banned fossil fuel advertising in public spaces. But the travel industry association ANVR has announced it will challenge the ban in court. They will likely invoke arguments related to freedom of commercial expression, the right to entrepreneurship and EU internal market regulations. 'This will be an important test,' says Kaupa. 'How far does the government’s authority extend to regulate companies when their actions directly contradict climate policy?'
Kaupa’s research has been referenced in a parliamentary letter and will be discussed in the Dutch House of Representatives in June.