Ban on Political Campaigning Influencing Voters During Silence Period
P V.Anandpadmanabhan
Strict action to be taken by the Election Commission for violation of rules
Mumbai: The silence period for the ongoing assembly elections in the state, scheduled on November 20, 2024, will begin from today, Monday, November 18, 2024, from 6 PM onwards. During the 48-hour period until the conclusion of voting, any campaigning or public meetings, rallies, or participation in such events that could influence voters is prohibited under Section 126 of the Representation of the People Act, 1951. Violations of these provisions may result in imprisonment of up to two years, a fine, or both, according to the Office of the Chief Electoral Officer.
The Election Commission of India (ECI) has issued guidelines in accordance with the Representation of the People Act. For advertisements or election-related content published in print media supporting or opposing any political party or candidate, the name and address of the publisher must be mentioned. The ECI has also directed compliance with Section 171H of the Indian Penal Code, which prohibits unauthorised election campaigning or expenses made for campaigning, advertisements, or publications without the candidate’s explicit permission.
During the silence period, political advertisements in print media must receive prior approval from the Pre-Certification Committee before being published in newspapers. Similarly, audio-visual media (television, cable networks, radio, and social media) are strictly prohibited from airing political advertisements during this period.
Guidelines for pre-certification of political advertisements have been issued by the ECI on August 24, 2023, covering both print media during the silence period and audio-visual media before the silence period. Violations of these pre-certification guidelines will result in legal action.
If any violation of the guidelines occurs, including those of the Cable Television Networks (Regulation) Act, 1995, or directives issued by the Supreme Court, the violating party must immediately halt their actions. The Election Commission is authorised to confiscate any equipment used for such violations. Failure to comply with these instructions may result in contempt of court proceedings.
All cable networks, TV channels, radio stations, and social media platforms must ensure that political advertisements have proper certification before broadcasting them. Political advertisements without certification must not be aired under any circumstances. Any network or platform airing uncertified political ads, either directly or indirectly, will be held liable for contempt of court and face legal action, as clarified by the Chief Electoral Officer.
