How does Google regulate political advertising and campaigning in India?

In India, Google specifies certain kinds of advertisements as election ads:

  • Those that feature a political party, a political candidate or current member of the Lok Sabha,
  • Any ads that are run by a political party, political candidate, or a current member of the Lok Sabha. Advertisements by non-political entities promoting merchandise or news are not recognized by Google.

To publish a political advertisement with google, there are two steps that have to be followed(( Advertising Policies, Google, available at https://support.google.com/adspolicy/answer/6014595?hl=en.)):

  • The advertiser has to be verified by Google itself

A pre-certificate requirement for election ads in India have to be obtained from the Election Commission of India or by the Media Certification and Monitoring Committee(MCMC).1

  1. 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/ []

Do bulk SMSs/Voice messages in political campaigning require Pre-Certification as political advertisements?

Yes, even bulk SMSs/Voice messages for political campaigning require permission from the Media Certification and 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/ Monitoring Committee (MCMC) )) so that the Model Code of Conduct is not violated by any candidate or political party.

Can political parties use Doordarshan and the All India Radio for broadcasting political advertisements during campaigning?

The use of Doordarshan (DD) and All India Radio (AIR) are available only to recognized National or State Parties. These facilities are not available to registered-unrecognised political parties or any independent candidates.(( Allotment of Broadcast Time to Recognized Political Parties, Gist of instructions, Page 129, point 2(i), Compendium of Instruction on Media Related Matters, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf. ))

Can ministers use official vehicles during election period?

No, all ministers cannot use official vehicles during the election period. People who can use are Prime Minister, President, Vice President, Speaker and Deputy Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha and such other dignitaries visiting States from other States. Persons who have been given security by statutory provisions like the Special Protection Group Act 1988 can also use official vehicles.

Can photographs of political leaders be used in government advertisements printed from public exchequer during elections?

No, photographs of political leaders cannot be put on government advertisements printed from public exchequer.(( Section 135C, Representation of Peoples Act, 1951.)) For example, if the picture of a candidate in Jaipur is put up on a billboard explaining a Family Planning Scheme by the Ministry of Health, then this is a violation of the MCC. However, photographs or mentions of certain political leaders like President, Prime Ministers, Chief Minister, Governor can be used only if it is felt essential for effective government messaging.

2 Days Before Voting Day

In the period of 48 hours (2 days) before voting day, all election related campaigning stops – it is called the silence period. This applies to both State and General (for example, Lok Sabha) elections. 

No one – citizens, journalists, candidates, election agents, movie actors, theatre artists, etc. –  is allowed to do any election related campaigning.

The following is not allowed 48 hours before polling:

If anyone, including candidates and political parties, violates any of these provisions and campaigns within the silence period, they will be punished with jail time of up to 2 years and/or fine.

What is the Model Code of Conduct (MCC)?

The Model Code of Conduct (MCC)(( Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct.)) are rules and regulations which regulate the actions of the political parties, candidates, people supporting them, the civil servants during election time and anybody else who is associated with elections. It also regulates the actions of other individuals and organizations with the aim of making the elections as transparent as possible.

The MCC ensures that the elections are held on fair grounds and no action is taken by a party in power so as to derive any benefit during the elections. The MCC also levels the playing field for all the political parties involved in the electoral process.

In the case of the Lok Sabha election, the MCC applies to the whole of India.

Voting and Elections Rights of SC/ST

It is a crime to interfere with the voting rights of members of SCs or STs. If you do any of the following, you will be punished with imprisonment anywhere between 6 months and 5 years along with a fine:

  • Force them to vote in a certain way.
  • Stop them from standing for elections.
  • Stop them from proposing a candidate, or seconding the nomination of another SC/ST candidate.
  • Punish them for voting a certain way.

It is also a crime to interfere with the work of an SC/ST member who is a Panchayat member or holds office in a municipality. Force or intimidation cannot be used to prevent such a person from doing their work.

What are Lok Sabha elections?

Through the Lok Sabha elections you are electing the Members of Parliament(( Article 79, Constitution of India, 1950.)) who will represent your constituency at the national level.

A representative elected in the General Elections is elected for a term of 5 years to the lower house of the Parliament. (( Article 83 (2), Constitution of India, 1950.))

The Lok Sabha elections also decide who will be the Prime Minister of our country. Through these elections, the winning party is decided who will nominate the person to be the Prime Minister.

Every state is equitably represented in Lok Sabha. A state is divided into constituencies based on where people live and how many people live there and one member from each constituency is elected to represent them in the Lok Sabha as a Member of Parliament.

The Lok Sabha, also known as the House of the People or the Lower House of the Parliament, is composed of 550 members (( Article 81, Constitution of India, 1950.)) who represent the people of India across all states and territories. The elections for the Lok Sabha are also commonly known as the General Elections.