Theme: Campaigning & Elections

There are certain effects of violation of MCC. If a person violates the MCC rules, they cannot be punished, except in certain cases where the MCC violation is also a crime under the Indian Penal Code, 1860 and the Representation of the People Act, 1951. For the violation of those crimes, one might even go to jail. As for violations of MCC alone, a warning will be issued , but if the person repeat them, the complaint will be forwarded to the election authorities who will take necessary actions, which might even be removal of their candidature. The most important role the Election Commission plays during the period MCC is in force, is the immediate actions it takes in stopping violations of MCC.(( State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639.))

Some examples are:

• The Election Commission can stop government advertisements endorsing the ruling party.
• Stop the ruling party from using their political influence and endorsing their agenda through television or cinema.
• Stop a candidate or a party from indulging in any activity which may create mutual hatred or cause tension between castes and communities.(( Chapter 12, Manual on Model Code of Conduct, https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/))
• The District Election Officers can order an FIR against a person for making remarks which can lead communal tension.

A candidate or their agents cannot ply voters to the polling station i.e. provide conveyance to voters to or from a polling station on voting day.

The punishment for doing this is a fine of up to Rs. 500.(( Section 123 (5),Representation of the People Act, 1951.))

For example, a party or a candidate cannot hire a bus and give rides to voters on the voting day.

However, if you are a person with a disability you can register yourself on the PWD App(( PWD App, Google Play, available at https://play.google.com/store/apps/details?id=pwd.eci.com.pwdapp&hl=en_IN&gl=US.)) (Android) and the election authorities can provide you transport to and from the polling station on that day.

A party or candidate cannot campaign in any manner which would result in creating tension or hatred between different castes and religious communities.

The MCC does not allow anyone or any organization to use religion to further the prospects of a candidate or a political party during an election, irrespective of their relationship to the political party/individual candidate. For example, political parties, candidates, religious/cultural organizations, associations or individuals cannot campaign in favour of or against certain political parties or candidate by holding any meetings, conclaves, processions, religious congregations, etc.

Some of the actions that are prohibited are(( Model Code of Conduct, Election Commission of India, available at eci.gov.in.)):

• No one can use religion and play on religious sentiments of voters.
• No one can ask for votes by influencing someone to believe that there is a religious punishment by god or a divine power which will occur to them, if they don’t vote for a particular candidate.(Section 123(3), Representation of the People Act, 1951.))
• No one should use religion to create disharmony among different groups of people.(( Section 153A, Indian Penal Code (IPC); Section 125, Representation of the People Act, 1951.))
• No one should make any malicious statements which would attack the personal life of any politician.(( Section 123(4), Representation of the People Act, 1951.))
• Temples, mosques, churches and other places of worship cannot be used for any election campaigning.

Some examples of violations of MCC by using religion for campaigning are:

• If pictures of politicians are put up on billboards outside the temple entrance.
• If money is given by a political party to beggars outside a temple to get votes.

Government advertisements usually inform the public of their rights, duties and entitlements and also explain government policies, programmes, services and initiatives. In order to prevent achieve this purpose, government advertisements should be objective, politically neutral and should not promote the political interest of the ruling party.

For example, while advertising the mid-day meal scheme offered by the government, the ruling party cannot use these advertisements in order to glorify leaders and candidates of their party. Adding names and photos of the party leaders to these advertisements would be a violation of MCC.

Therefore during the time of the election, the ruling party cannot(( Rule VII – Party in Power, Model Code of Conduct – Election Commission of India, available at https://eci.gov.in/mcc/.)):

• Use funds from public exchequer reserved for government advertisements for their own re-election.
• Project a positive impression of the party in power or a negative impression of other political parties through these advertisements.

Content of Government Advertisements

Advertisement materials of the government must not(( State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639)):

• Mention the party in the government by name;
• Directly attack the views or actions of others in opposition;
• Include their own party political symbol or logo or flag;
• Aim to influence public support for a political party, candidate for election; or
• Refer to link to the websites of political parties or politicians.

Political parties and candidates are not allowed to use public properties/places for political advertisements. They cannot write on the walls, paste any posters/papers, erect/display any cutouts, hoardings, banners, flags etc as a part of election campaigning. Some examples of public properties are(( Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/)):

• Railway stations, railway flyovers, bus stands, airports, bridges,
• Government hospitals, post offices,
• Government buildings, municipal buildings, etc.

If a political party or candidate, puts up any of their campaign material on a public property, then it will be an MCC violation.

The MCC applies to all social media platforms. There are five categories of social media that are regulated under the MCC(( Instructions of the Commission with respect to use of Social Media in Election Campaigning, Letter of ECI dated 25th October, 2013, Page 88, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf)):

• Collaborative projects (like Wikipedia).
• Blogs and microblogs (like Twitter).
• Content communities (like YouTube).
• Social networking sites (like Facebook).
• Virtual Game worlds like (Gaming applications).

There are some rules that have to be followed by political parties and candidates while advertising through social media, such as:

Giving Information

Candidates are supposed to fill Form 26 at the time of filing nominations. The form includes details of the candidate such as email ID, social media accounts etc. This is done so that the candidate declares all the authentic social media accounts that he/she has.(( Form 26 Amendments, Election Commission, available at https://eci.gov.in/files/file/9365-amendments-in-form-26-format-of-affidavit-to-be-filed-by-candidates/))

Pre-certification of advertisements

All social media advertisements have to be pre-certified by the Media Certification and Monitoring Committee(( Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/)) set up in district and state levels. It is only after this committee looks into the advertisement that the advertisement can be published online on any social media forum.

Expenditure

All candidates and political parties have to include the expenditure on social media advertisements. Specifically, they need to make a note of expenditure regarding creative development of content, operational expenditure on salaries and wages, and campaign related expenses.

Television broadcasts on elections must be on general events which are relevant and of common interest to the country, without supporting or criticizing and mocking any other candidate or political party. Then it is not a violation of the MCC. Some examples are(( Chapter 6, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/)):

• If there is a live telecast of a cricket match, advertisements showing pictures of politicians cannot be played in between.
• A political party cannot put up pictures of political leaders while telecasting a live coverage of a conference.
• A political party cannot screen a movie before the elections regarding the life of a politician as it would influence the viewers to vote for them.

To prevent any form of political advertising, TV Channels and Cable Networks by any registered political party, group, organization, association and individual candidate, have to be pre-certified by the Media Certification and Monitoring Committee (MCMC) set up in district and state levels. If the MCMC finds that any advertisement has been made in TV or Cable Network in favour of any candidate without proper permission, they shall inform the Returning Officer (RO) immediately. The RO will then send a notice to the candidate and take action.

Radios are also a medium for advertising by political parties and candidates and the Media Certification and Monitoring Committee(MCMC) in every district and state monitors all radio activity. They monitor the radio jingles of all political parties being transmitted on the FM channels so as to take appropriate steps to ascertain whether they are violating the Model Code of Conduct. The content of the radio jingles should not(( Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/)):

• Criticize the private lives of politicians.
• Attack religious communities.
• Consist of obscene and defamatory material.
• Incite violence.
• Affect India’s integrity, unity and sovereignty.

A register is maintained to keep track of the FM channels being heard where the name and number of channels are specifically entered. Two officers are assigned to listen to each FM channel for 30 minute slots. For example, if a political party is playing jingles mocking another candidate, the MCMC will order it to be taken down.

Newspapers

All print media including newspapers have to follow the rules under the MCC. The Press has a duty to(( Press Council of India Guidelines for Election Reporting, https://mea.gov.in/Uploads/PublicationDocs/19163_Guidelines_on_Election_Reporting_1996_22-03-2009.pdf)):

Be Objective Give only objective reports about elections and the candidates. Not any exaggerated reports. For example: The press cannot publish any fake news about a candidate’s election campaign.

Not Spread Hatred Refrain from reporting on election campaigning which tends to promote feelings of enmity or hatred between people, on the grounds of religion, race, caste, community or language. For example: When a leader belonging to one party says that we will teach the Muslims a lesson if we come to power.

Not Spread False Information Refrain from publishing false or critical statements in regard to the personal character and conduct of any candidate.

Verify Facts Refrain from publishing any unverified allegations against any candidate or political party.

Not Take Money for Stories

• Refrain from accepting any kind of money or gifts to write about a candidate or political party.
• Not publish any advertisement at the cost of public exchequer regarding the achievements of the ruling party.

For example, if certain advertisements of offending nature are published in a newspaper regarding a political party, then it is violative of the MCC and the printer and publisher may be punished for it.

Posters and Pamphlets

The MCC only applies to those printed pamphlets, hand-bill or other documents distributed to promote or demote any candidate or political party.(( Chapter 15, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct))

For example, if a political party publishes a poster with a morphed picture of a candidate, then it is violative of the MCC and the printer and publisher may be punished for it.

Announcement of Dates

It does not include any hand-bill, placard or poster announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

For example, if a political party publishes a poster with a morphed picture of a candidate, then it is violative of the MCC and the printer and publisher may be punished for it.

Publishing the name of the printer and publisher

Any advertisements made in newspapers, posters and pamphlets have to bear the name of the printer and the publisher. If any content in the advertisement violates the MCC, then the printer or publisher responsible may face jail time for six months and/or be punished with a fine up to Rs. 2,000.(( Section 127A, Representation of Peoples Act, 1951.))

All the printers of newspapers, posters and pamphlets and other print media have to do the following before printing:

• Obtain a copy of a declaration as to the identity of the publisher with the publisher’s signature and two witnesses attesting the declaration.
• One copy of the declaration and the document have to be printed and sent to the Chief Electoral Officer of the State (if it is printed in any capital of a State) or to the District Magistrate of the district where it is printed.

Electronic Versions of Newspapers, Posters and Pamphlets

If the newspaper, posters or pamphlets are in electronic form then the law requires the publisher to pre-certify the advertisement by sending it to a Media Certification and Monitoring Committee(( Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/)) set up in district and state levels, who will certify that the document is not violating any laws or the MCC.

The content of posters, billboards and hoardings can display general information like family planning, social welfare schemes, etc. but they cannot display the achievements of political parties, photos of politicians and party symbols during campaigning.(( Chapter 6, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/))

No political party or candidate can use your land, building or compound wall without your permission to erect billboards, hoardings, flag-staff, notices etc, otherwise it would amount to defacement of your property.

If this happens to you, please complain to your nearest District Electoral Office.

For example, if the ruling party puts up a hoarding on the highway with pictures of the members of their political party, then this violates the Model Code of Conduct.