Facebook and Google in India on Monday told the Bombay high court they are bringing in new rules for political advertisements before the general elections to prevent “foreign intervention” in polls .
Google said it rolled out new norms from February 14, while Facebook said its new policy, similar to the ones introduced last year in the US, Brazil and France, will be in place from February 21.
A division bench of Chief Justice Naresh Patil and Justice Nitin Jamdar directed the Election Commission of India (ECI) to file its affidavit within a week, spelling out if the new norms meet its requirements. “You (ECI) have to decide whether your requirements are met by these guidelines. If there is any lacunae, point it out. Make it expressedly clear that legal provisions for election campaigning apply to social media. Essential safeguards should be in place to ensure free and fair elections,” said the judges .
The bench was hearing a PIL seeking a ban on political advertisements 48 hours before polling day. It asked the ECI to clarify how it plans to enforce the blackout. Twitter India has been asked to file its affidavit. Senior advocate Darius Khambata, counsel for Facebook, said the platform’s new policy will include an authorisation process for persons seeking to post a political advertisement or on issues of national importance. The advertisements will have a prominent disclaimer as well as disclosure of who has paid for them.
“In addition to increasing transparency in political advertising, Facebook is taking various initiatives to take action against fake accounts, limit the spread of false news and misinformation and combat coordinated inauthentic behaviour,” the social media giant said in an affidavit. The affidavit opposed as “vague and baseless” the petitioner’s plea that Facebook founder Mark Zuckerberg give an assurance of fighting interference in polls, like he did to the US Congress.
Senior advocate Iqbal Chagla said Google India’s new norms include an authorisation and verification process. Both platforms said accounts of those violating the guidelines would be suspended and even revoked. “The ECI should enforce its own rules and it has the power to seek removal of advertisements, which we will comply with,” said Khambata.
On blacking out political advertisements 48 hours before polling day, Facebook and Google said it would be difficult to regulate as polls are scheduled on different days across India. Google said it will not allow booking of political ads 48 hours before poll day, while Facebook assured that advertisements that violate the norms will be pulled down if the ECI issues a directive.
ECI counsel Pradeep Rajgopal said the authority will check the guidelines and its rules and file an affidavit.
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