Amid the ongoing election for 18th Lok Sabha, the Calcutta High Court restrained the ruling party (BJP) from publishing any kind of advertisements against TMC and from publishing ads in any form of media which violating of the Modal Code of Conduct issued by the Election Commission of India (ECI) till the completion of election. The High Court specifically remarked that print media should refrain from publishing advertisement during silence period.
As per guidelines issued by the Press Council of India’s election reporting (1996) and further guidelines issued on July 30, 2010 to be followed during election. Further added that, no political party or candidate or any other organization or person shall publish any advertisement in the print media on poll day and one day prior to poll day (silent period).
Even BJP published advertisements on dated May 04, 2024, May 05, 2024, May 10, 2024 and dated May 12, 2024 and again in June 04, 2024 during the silence period. These are only few in on record but BJP in each round of polling in every phase repeated the misconduct through social media and print ads.
This is not first time when ruling party is accused of violating ECI and MCC rules.
BJP’s silence period violation on pre poll and poll day:
On May 20, in Maharashtra, BJP published advertisements in the front page of the leading newspapers asking people to vote in the favor BJP-Shiv Sena Mahayuti alliance. The front page of newspapers advertised with BJP’s infamous slogan “Phir Ek Baar, Modi Sarkar” and “Modi ki Guarantee” etc. These ads were published in the Marathi language also.
The Additional CEO, Maharashtra State Election Commission while speaking to the Sabrang India, said “there is no rules for pre-permission of ECI for print advertisements”. But on the other hand, On May 7, 2023, ECI issued advisory to editors of all Karnataka local dailies and hold them responsible for advertisements during the silence period.
Even ECI cited provisions contained in Part (A) Para (2) (xii) of the Press Council’s Norms of Journalistic Conduct that provides “An editor shall be responsible for all matters, including advertisements published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated beforehand.
This shows the biased and partial approaches of Election Commission, to curb the advertisements during silence period is not about power but about will.
The ads of BJP on poll day in Mumbai newspapers can be read here:
ECI advisory on March 1, 2024:
The Election Commission of India issued advisory in March, 2024 states that Political advertisements especially sky bus advertisements masquerading as news headlines to mislead readers shall not be published in newspapers. There should be explicit restrictions on advertisements predicting the victory of a particular party and any form of speculative content related to election outcomes shall be avoided. Attention is also drawn to the Part (A) para2 (xii) of Press Council’s Norms of Journalist conduct which provides that “An editor shall be responsible for all rnatters, including advertisements published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated beforehand.”
On March 1, 2024 ECI also issued advisory to the President, General Secretory and Chairperson of the All National and State recognised political parties on plummeting level of public discourse during campaigning and expected decorum by political parties and candidates in general, and star campaigners.
ECI specifically instructed political parties that “unverified and misleading advertisements are not to be given in the media” and “advertisements masquerading as news items are not to be given”
The advisory of ECI dated March 1, 2024 can be read here:
ECI direction to CEC of States and UT on Media Coverage on April 2, 2024:
In April 2024, the Election Commission of India was directed to the chief electoral officer of all states and union territories that no political party or candidate or any other organisation or person should publish any advertisement in the print media on poll day and one day prior to poll day, unless the contents of political advertisements are Pre-certified by ECI from the MCMC Committee at the State/District level, as the case may be. The applicants shall have to apply to MCMC not later than 2 days prior to the proposed date of publication of such advertisements.
The ECI direction on April 2, 2024 can be read here:
The 48-hours silent period and duty of press:
The silence period is a zone of prohibited activities for pre poll or till the poll. This means campaigning is banned and no fresh election advertisements shall be published or publicly displayed during the silence period.
As per guidelines issued by the Press Council of India’s Election Reporting (1996) and further guidelines issued on July 30, 2010, media should refrain from publishing any advertisements for any political party and candidates and from publishing any unverified allegation against any candidate of political party, either directly of impliedly.
The Calcutta High Court in its decision on May 20, 2024 directed that in this period no political party or candidate or any other organization or person shall publish any advertisement in the print media on poll day and one day prior to poll day.
Press Council of India’s Election Reporting (1996) can be read here:
Section 126 of the Representation of the People Act, 1951:
Section 126 of the Representation of the People Act, 1951 prohibits displaying any election matter by means, inter alia, of television, cinematograph or similar apparatus, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in the polling area.
BJP’s Election Handbook 2024 but just for others?
It’s surprising that BJP itself released an Election Handbook 2024 stating that during the last 48-hour pre-election silence, all campaign activities halt. No appeal to voters can be issued from official handles of party or candidates. No public meetings, entertainment events, or influencing content are permitted. Only approved print ads are allowed on and before the polling day.
Despite the forgoing advisories and guidelines on silence period and conduct of media, ECI failed to take action against the gross violations by the ruling Bharatiya Janta Party.
BJP repeatedly violated the silence period during every phase of polling
The BJP Handbook can be read here:
Related:
Calcutta High Court slams ECI for inaction, restrains BJP from publishing ads in any form of media
Udhav Thackeray: Officials deliberately delayed voters
Amethi: Locals claim police beat up Muslims at polling booths