Transcript PPT Presentation on Paid News - Chief Electoral Officer, Delhi

Paid News
Political Advertisements and Surrogate
Advertisements
Election Commission of India
Legal Provisions
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Sections 126 of R.P. Act 1951prohibits display of any election matter by
means of cinematograph, television or other similar apparatus, in any
polling area during the period of 48 hours ending with the hour fixed for
the conclusion of the poll.
Section 126A of the R.P. Act 1951prohibits exit poll and dissemination the
result of any exit poll during such period as may be notified by the ECI
Section 127A of R.P. Act 1951 prohibits printing or publishing any election
pamphlet or poster which does not bear on its face the names and
addresses of the printer and the publisher thereof.
Indian Penal Code 171H - Whoever without the authority in writing of a
candidate shall be punished
Section 10A of R.P. Act 1951 disqualifies a candidate for failure to lodge
account of election expenses within the time and in the manner required
under this Act
Media Certification & Monitoring
Committees
District MCMC chaired by DEO
 Addl/Jt CEO level Committee at State Capital
 State MCMC chaired by CEO
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Role of District MCMC
Certification of Advertisements
 Checking violations of legal
provisions regarding advertisements
 Check on Paid News
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Role of addl/Jt CEO Committee
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Previewing, scrutinizing and verifying all
advertisements by political parties, political
parties and all organizations / group of person/
associations having their HQs/ registered offices
in State/UT before it is inserted in the electronic
media.
Refer circular No. 509/75/2004/JS-1 dated 15th April, 2004 consequent
upon order of the Hon’ble Supreme Court of India in SLP © No.
6679/2004. (Ministry of Information and Broadcasting vs. M/s Gemini TV
Pvt. Ltd and Others)
Role of State MCMC
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Deciding on appeals against District MCMC and
Addl/Jt CEO Committee on certification of
advertisement for electronic media
Deciding on appeals against District MCMC on
‘Paid News’ cases
If cases of paid news are sent directly to State
MCMC, it may refer it to the concerned District
MCMC
Appeal
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Appeal against decision of District MCMCs on
certification of advertisements and paid news
cases will be at State MCMC
Appeal against decision of Addl/Jt CEO level
Committee on certification of advertisements will
be at State level MCMC
Appeal against decision of State MCMC shall be at
ECI
Monitoring political advertisements
 in
electronic media - for checking if the
telecast/broadcast has been done only after
certification by the Committee
 in other media, in relation to candidates,
either overt or covert, from expenditure
monitoring angle (this will also include
publicity or advertisement or appeal by, or on
behalf of candidate, or by star campaigner(s)
or others, to impact candidate’s electoral
prospects)
Checking Print media
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in print media - MCMC shall check if the advertisement is with the
consent or knowledge of candidate: in which case it will be accounted
for in the election expenses of the candidate(s);
Checking if the name and address of the publisher and the printer is
carried on any election pamphlet, poster, hand bill and other
document as required under section 127A of R.P.A 1951 (if any printed
material does not bear on its face the names and addresses of the
printer or the publisher, MCMC shall bring it to the notice of the RO
for further necessary action; For the purpose of section 127 of RPA
1951, ‘paid news’ would also fall in the category of ‘other
document’)
Paid News : definition
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Press Council of India definition - Any news or
analysis appearing in any media (Print & Electronic)
for a price in cash or kind as consideration.
PCI guidelines also say- news should be clearly
demarcated from advertisements by printing
disclaimers, should be strictly enforced by all
publications. As far as news is concerned, it must
always carry a credit line and should be set in a
typeface that would distinguish it from
advertisements.
Paid News - issues
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Paid News misleads the public and hampers the
ability of people to form correct opinions.
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Paid News causes undue influence on voters and
also affects their Right to Information.
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Paid News seeks to circumvent election expenditure
laws/ ceiling
It also vitiates the principle of level playing field
among candidates
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District Media Certification and Monitoring
Committee - role
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The Committee will scrutinise all media within its region of jurisdiction to
identify political advertisement in the garb of news.
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District MCMC shall also actively consider paid news cases referred to
it by the Expenditure Observers.
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District MCMC shall intimate the Returning Officer for issue of
notices to candidates for inclusion of actual expenditure on the
published matter in their election expenses account
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or notional expenditure based on DIPR rates in their election
expenses account irrespective of whether the candidate actually
has paid or not paid any amount to the channel/newspaper.
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A copy of the notice shall also be marked to Expenditure
Observer)
District Media Certification and Monitoring
Committee - role
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On reference from District MCMC, RO shall give notice to the
candidates within 96 hrs of publication/ broadcast/ telecast/receipt
of complaint to explain why expenditure should not be added to the
candidate’s expenditure.
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District MCMC shall decide on the reply expeditiously and convey to
the Candidate/Party its final decision.
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In case no reply is received by District MCMC from the candidate
within 48 hrs of serving of notice, the decision of MCMC will be final.
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If decision of District level MCMC is not acceptable to the candidate,
he/she may appeal to State level MCMC within 48 hrs of receipt of
decision, with information to the District MCMC.
Appeal Mechanism for Paid News
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The State level MCMC shall dispose of the appeal
case within 96 hrs of receipt of appeal and convey
the decision to the Candidate with a copy to
District MCMC.
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The Candidate may appeal against the decision of
State MCMC to ECI within 48 hrs of receiving of
order from the State MCMC. The decision of ECI
shall be final.
Additional Checks :
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District Collectors have been instructed to take
meeting with Political Parties as well as media
houses to alert them against surrogate advertising
and Paid News and consequences of violation.
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Political parties and media houses have been briefed
and sensitized in advance at HQs.
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ECI has written to Press Council of India for support
to strengthen this mechanism.
Action against Media House
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For cases finally accepted/decided as paid news,
the same shall be compiled and forwarded by State
MCMC to ECI
The paid news cases relating to print media shall
be referred by ECI to Press Council of India for
action against the concerned Media House.
The case in electronic media shall be referred to
NBA for action against the Media House
Status
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Through enforcement of the measures against Paid News for
the first time in the Bihar Assembly elections of 2010,
Commission had served notices in 121 cases. In the elections
in Assam, Kerala, West Bengal, Puducherry and Tamil Nadu,
over 250 notices were issued.
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In the 2012 State elections, 766 complaints were received,
out of which notices were issued in 581 cases. In 253 cases
the candidates included the expenditure in their accounts,
while in remianing cases decision is being taken/ candidates
have appealed against the decision of the MCMC
Electoral Reforms proposed By ECI on
Paid News
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Amendment in the Representation of RPA 1951, to provide
therein that publishing and abetting the publishing of `paid
news’ for furthering the prospect of election of any
candidate or for prejudicially affecting the prospect of
election of any candidate be made an electoral offence
under chapter-III of Part-VII of Representation of People
Act, 1951 with punishment of a minimum of two years
imprisonment.
Date of proposal – 3rd February, 2011
Challenges
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There is circumstantial evidence, but little proof.
Establishing transaction of cash or kind is indeed not very
easy, as it is usually done without any record and promptly
denied by both sides, when enquired.
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When confronted with circumstantial evidence the
standard reaction of individuals candidate is to flatly deny
these allegations.
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The Commission is trying to include professional members
in the Monitoring Committee to help identify Paid News.
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The Commission is coming up with Illustrations to help
MCMCs to decide on cases of paid news.
Way ahead
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The Commission considers self regulation by
political parties, candidates and media houses as
one of the main solution to this malaise.
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The enforcement needs to be more streamlined
and the instructions would require higher clarity.
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As the Commission’s intention is more preventive
rather than punitive, it is undertaking educational
campaign on Paid News involving political parties,
media houses and other stakeholders.
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Thanks