The Election Commission has sought an amendment to the law to prevent social media and other digital platforms from carrying political advertisements in the final 48 hours before elections.
While Section 126 of the Representation of People Act prevents electronic media from airing political advertisements in the ‘silent period’ before elections, the EC in 2015 brought in rules that made pre-certification mandatory for campaign material to be published in newspapers during the 48 hours. Social media platforms, which are under scrutiny the world over for how they influence election outcomes, however, have been completely out of the purview of the pre-screening and prohibition rules.
The EC has written to the law ministry, suggesting to extend the provisions under Section 126 to digital and print media as well, keeping in mind the differential approach to print and electronic media, and the rising impact of social media on elections, people in the know told ET.
The communication has come ahead of the Lok Sabha elections in which the commission hopes to bring in new strategies to check negative media influence in the conduct of fair and free polls.
A committee appointed by the EC to suggest changes to Section 126 in the advent of social media noted that an “anomalous situation exists in Section 126 of having differential treatment to print media as compared to other media platforms”.
While Section 126 expressly bans television channels from broadcasting “political matter” during the period, lack of any backing by law has led to print media carrying political advertisements during the silent period despite the curbs imposed by the EC, it noted in a report submitted earlier this month.
Accordingly, the EC suggested inclusion of ‘print media’ and ‘other entities’ within the ambit of Section 126 (1) (b). Other entities will pertain to all social media formats, the people said.
It pointed out this was necessary to ensure that voters were not unduly influenced and were afforded a period of reflection to examine their political choices before they vote.
That apart it pointed out how print medias also has its own web-versions, social media versions and mobile versions which may be carrying varying forms of electoral advertisements which may influence the mind of the voter.
The committee also observed that in recent elections, political parties used print media during the prohibited period for their campaign and publicity since campaign publicity despite the 2015 EC directions as the same provisions are not currently covered in section 126.
In 2015, following a politically coloured advertisement that appeared in newspapers in Bihar on the day of polling, ECI ordered pre-certification of all such materials during last 48 hours.
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