Siobhain McDonagh: ‘Why the regulatory framework for short selling must be reformed’



In the intricate realm of finance, short selling has been a subject of ongoing debate. Advocates assert that it contributes to market efficiency and price discovery, while critics argue that it can be subject to manipulation, causing harm to retail investors, pension funds, and overall market stability.

As a Labour member of the UK parliament, I firmly believe that the time has come to revisit and reform short selling regulations, particularly in light of the recent news from the US that the Securities and Exchange Commission (SEC) has adopted a new short selling rule in attempt to increase transparency. Our mission is clear: protect the interests of pensioners and retail investors and ensure the integrity of our financial markets – in short, the exact opposite of the proposed regulatory changes the chancellor announced in the Edinburgh Reforms.

South Korea’s recent actions in imposing record fines against two global banks serve as a stark reminder of the urgency of this issue. These fines were levied in response to “naked shorting” a highly questionable practice that had the potential to harm the integrity of South Korea’s financial markets and the economy writ large.

While short selling can serve as a legitimate financial tool, it must be conducted responsibly and ethically. South Korea’s actions should serve as a wake-up call to other countries, including the UK and the US, to further improve their own regulatory frameworks and collaborate on an international level.

Predatory short selling practices are not confined to a single region and are often targeted against critical components of the public realm, including housing companies, or retail stores on our high streets. While individually these may seem like just the ups and downs of financial markets, collectively they are fast becoming a cause of global concern with the potential to destabilise sectors that are integral to our societies and economies.

One of the most significant concerns associated with short selling is the potential harm it can inflict on pension funds. These funds, responsible for safeguarding the financial security of retirees, are often invested in a diverse portfolio of assets, including equities. When short sellers strategically target a particular stock, they can swiftly drive its price down, resulting in substantial losses for these funds. These losses, in turn, have a direct and severe impact on the retirement income of individuals who have diligently contributed to their pension plans throughout their careers.

The current regulatory framework often falls short of protecting pension funds from aggressive short selling tactics – which can drive down share value at speed and before institutional investors can react.

Retail investors, another vital component of the financial market, are also at risk when it comes to unchecked short selling. Retail investors often lack the resources and expertise to navigate the complexities of short selling, making them particularly vulnerable to market manipulation. This vulnerability may discourage retail investors from participating in the market, ultimately undermining the democratisation of finance, which is a goal that we should all be striving to achieve.

It is crucial to reconsider and enhance the rules governing short selling to mitigate the potential damage to pensions and safeguard retail investors. Implementing transparency mechanisms, daily reporting and much greater investigatory powers for regulators to ensure short selling is conducted ethically and within the law. We should also explore rules such as circuit breakers or uptick rules, which temporarily halt or slow down short selling of a stock experiencing rapid declines and can help protect the long-term interests of pension investors.

Additionally, implementing stricter penalties for market manipulation and unethical practices in short selling can deter bad actors from exploiting retail investors for their gain.

Given the international nature of financial markets, addressing the issues associated with short selling requires a coordinated effort on a global scale. The UK and the US, as two of the world’s largest financial markets, must take the lead in shaping international agreements that promote responsible short selling practices. A collaborative approach will prevent regulatory arbitrage and create a level playing field for market participants, benefiting investors worldwide.

Historical precedents emphasize the need for international cooperation in financial regulation. The 2008 global financial crisis underscored the importance of cross-border coordination to prevent and manage systemic risks. This crisis, which had far-reaching consequences on the global economy, was a stark reminder that isolated regulatory approaches are inadequate in our interconnected financial world.


The recent actions of South Korea and the predatory behaviour targeting critical sectors should serve as a global wake-up call. It is time for the UK and the US to lead the way in shaping a global agreement that ensures responsible short selling practices, benefiting investors and market stability across borders.

Our collective responsibility is to protect the interests of pensioners and retail investors and to ensure the integrity of our financial markets in a rapidly evolving global context. As we move forward, we must heed the lessons of history and remember that collaboration in financial regulation is essential for the stability and security of the world economy.

MP Comment

By Siobhain McDonagh
Labour MP for Mitcham and Morden
Thursday, 21 Dec, 2023
FINANCIAL SERVICES / SIOBHAIN MCDONAGH

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