Theme: Elections

Social Media Advertisements

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.

Can you vote without a Voting Card?

You may vote without a voting card. You can carry any of the following documents to the polling station to cast your vote(( Photo voter slips not to be valid as stand-alone identification document for voting, Election Commission available at https://eci.gov.in/files/file/9367-photo-voter-slips-not-to-be-valid-as-stand-alone-identification-document-for-voting/)):

  • Voter ID Card/EPIC
  • Aadhar Card
  • MNREGA Job Card
  • Passbook issued by Bank/Post Office with Photo
  • Driving license
  • Service Identity Cards (issued to employees by Central or State Government/PSUs/Public Limited Company)
  • PAN Card
  • Passport
  • Pension Document (with photo)
  • Smart Card issued by RGI under NPR
  • Health Insurance Smart Card (issued under the scheme of Ministry of Labour)
  • Official Identity Cards issued to MPs/MLAs/MLCs
Voter ID Documents

 

Advertisement on Television

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.

What is a Voting Machine?

An Electronic Voting Machine(( Section 61A, The Representation of People Act, 1951; Electronic Voting Machines, Election Commission available at https://eci.gov.in/evm/)) consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is kept with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment, where you vote. The Presiding Officer or the Polling Officer releases the ballot for you so that you can cast your vote.

A list of candidates’ names and symbols will be available with a blue button next to it. You have to press the button next to the name of the candidate’s name that you wish to vote for. If you do not wish to vote for any particular candidate, then you have the option to select the NOTA – None of the Above option in the EVM Machine.

Right after you have voted, you will see a green light on the VVPAT Machine will be placed next to the EVM Machine, which will indicate that you have voted. You will also see a printed slip which is printed containing the serial number, name and symbol of the candidate which you can see through a transparent window for 7 seconds. This printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.

You cannot vote more than once and even if you make a mistake, you cannot undo it. Even if your name comes twice in the electoral roll or your name comes in two different constituencies electoral rolls, you can only vote once. If you vote twice, then both your votes are not counted.

There is nothing you have to do after all this is over. Once you exit the polling station, you have completed the voting process.

Advertisement on Radio

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.

How do you remove a voter from Electoral List?

It is possible to remove a voter from the electoral list. The Electoral Registration Officer issues a notice with the draft of the names of the voters, so that you can object to any of the names. This list is also sent to all the political parties and will be displayed on the website of the Chief Electoral Officer, notice board of Electoral Registration Officer and polling stations.

Filing an Objection

If you want to inform the Electoral Registration Officer or the Booth Level Officer that a voter you know is not eligible to be on the electoral list of that constituency for any reason, such as change of address or death of voter etc, you will have to file an objection by filling Form 7. By filling this form, you are: Preventing any person’s name from being included in the electoral roll or Requesting to delete someone’s name from the electoral roll. For example, if someone you know has died or has registered twice as a voter in two different places, then you can fill in these details in Form 7.(( Form 7, Election Commission of India, available at https://eci.gov.in/files/file/4830-form-7-application-for-objecting-inclusion-of-name-in-electoral-roll-or-seeking-deletion-of-name-from-electoral-roll/.)) You can get a hardcopy of the form 7 by visiting the Electoral Registration Officer of your constituency or download it or you fill it online.

Time Limit

You will have 30 days from the date of publication of the notice to file your objection by filling Form 7. The objection can be made by you alone or on behalf of your family members. Multiple objections on behalf of other people cannot be filed by you. (( Rule 12, Conduct of Elections Rules, 1961))

Submitting the Form

When you submit the form to the Electoral Registration Officer either in person, by post or online, the officer will give you an acknowledgement for it only if: The Form is signed or there is a thumb impression The Form includes the name of the person filing the objection None of the information required in the Form is should be left blank and things like “not known” are not should not be written in the form. Decision of the Electoral Registration Officer The Electoral Registration Officer will look at the applications and if he thinks that the objection made by you is valid, then he will allow it. But if he requires more information, then he will hold an enquiry before making a decision. He may ask you to appear in person or give any evidence to prove the details of the objection made by you.

Print Media and MCC

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.

How can an NRI vote?

If you are an NRI you still have a right to vote in India. You are eligible to vote in the constituency area of the address given in your passport. (( Overseas Electors, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/overseas-electors/faqs-overseas-electors-r12/.))

You can fill out the application Form 6A online. You can even fill this form in person by either obtaining a copy from the Electoral Registration Office or downloading it from the Election Commission Website. This Form will be free of cost.

You will have to fill the form with the following documents:

  • One recent passport size coloured photograph.
  • Self Attested copies of the relevant pages of the passport containing photograph and address in India.
  • Copy of the page of the passport containing the valid visa endorsement.

Submitting the Form

When you submit the form in person, you will have to take your passport and original documents with you to the Electoral Registration Officer so that he can verify details. If you are sending the Form by post, then make sure that all the documents are self-attested and attached with the Form.

Verification

A Booth Level Officer will visit the home address mentioned in your passport to verify all the details given and if there is no relative available to verify your place of residence and other details, then the officer will send the documents to the Indian Mission.

Billboards and Hoardings during Campaigning

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.

Who is a Service Voter?

You are a service voter  if you are currently a(( Service Voters Portal, Election Commission of India, available at http://servicevoter.nic.in/)):

  • Member of Armed Forces – Army, Navy and Air Force.
  • Member of Assam Rifles, Central Reserve Police Force, Border Security Force, Seema Sashastra Bal, Indo-Tibetan Border Police, Central Industrial Security Force, General Engineering Reserve Force and Border Roads Organisation under Border Roads Development Board.
  • Member of Armed police force of a state, who are serving outside of that state.
  • Person who is employed by the Government of India in a post outside India, like those working for Embassies and High Commissions outside India.
  • Wife of someone in any of the above

Upon leaving or retiring from any of these services, you will no longer be considered a service voter.