05-07-2024
Last June, on World Environment Day, UN Secretary-General António Guterres delivered a powerful address, describing the fossil fuel industry as the “godfathers of climate chaos.” Guterres’ speech calls for a ban on fossil fuel advertising and calling on PR and lobbying firms to sever ties with fossil fuel clients. The UN Secretary-General’s call to action is not just a rallying cry but also aligns with the conclusions of COP28, which included a pledge to phase out fossil fuels.
The Momentum for Banning Fossil Fuel Advertising
Guterres’ remarks come at a timely moment. Whilst COP28 did produce some valuable and much needed conclusions, the conference was also heavily lobbied by fossil fuel lobbyists. Corporate Observatory Europe has found that – combined, fossil fuel lobbyists would have constituted the largest delegation – only surpassed by the United Arab Emirates (the hosts) and Brazil (set to host COP30).
As jurisdictions across the world are increasingly sensitive about fossil fuel advertising, the time to accelerate efforts is upon us,. Countries around the world are beginning to heed those calls. World Without Fossil Fuel Ads, developed by leading campaigner Reclame Fossielvrij (Fossil Free Advertising), has been tracking both completed and ongoing legislative projects aimed at curbing the prevalence of fossil fuel advertising.
France has already taken significant steps by banning fossil fuel advertising. More recently in March 2024, the Irish Dáil (Parliament) proposed a series of bills aiming to ban fossil advertising. These measures aim to combat the pervasive influence of fossil fuel companies on consumer behaviour and public discourse. By limiting the reach of fossil fuel advertisements, these regulations help to shift public perception towards more sustainable energy sources and practices.
Nevertheless, the impact of these bans remains limited. The French ban only tackles the direct promotion of fossil fuels (e.g. an ad for petroleum products), meaning that highly polluting products, such as cars or planes remain exempt. The ban does not cover visibility through sponsorship either, meaning that fossil fuel companies are free to market their products at high profile events, such as Formula 1. However, some other initiatives are stricter. In 2020, the city of Amsterdam banned ads promoting fossil fuels, polluting cars, and low cost air travel in subway stations. Slowly, a blueprint for replicable standards is emerging.

The Need for Broader Reform: Regulating Lobbyists and PR Agencies
While praiseworthy, banning advertising is only part of the solution. There is a pressing need to address the broader issue of the detrimental influence of “enablers”, as Guterres calls them – lobbying firms and PR agencies that defend the interests of the fossil fuel industry. These entities often play a crucial role in shaping policy, often at the expense of transparency and accountability. To what extent is it legitimate for these firms to disseminate false or misleading information to policymakers? This question strikes at the heart of the ethical governance of interest representation.
The governance of lobbying practices must be rethought. Interest representation is a necessary input in healthy democracies, however, it is important to safeguard policymaking from actors who misleadingly lobby for positions directly endangering the wellbeing of our planet. By reforming the way lobbying and PR activities are regulated, we can reduce the pernicious influence of fossil fuel companies and promote a healthier, more sustainable future.
How exactly lobbying practices should be tackled is a question in itself. An outright ban, established by an ad-hoc may be hard to achieve. For this reason, interested parties should focus on existing laws and mechanisms and assess whether these can be harnessed to combat the deleterious effects of fossil fuel lobbying. An idea could be to argue that fossil fuel lobbying constitutes an example of an “unfair commercial practice” under the Unfair Commercial Practices Directive.
In addition, the concept of “serviced emissions” – emission related to matters that professional service providers (lawyers, lobbyists, consultants) advise on should also be explored. Whilst the EU is increasingly adopting stricter standards against greenwashing when it comes to business to consumer practices (i.e. the Green Claims Directive); business to business relations should also be scrutinised.
Whether it is through novel and progressive interpretations of existing provisions, or advocating for better implementation in secondary legislation, the time has come for climate-ambitious actors to mobilise all tools available to finally challenge the “godfathers of climate chaos.”