By TwoCircles.net Staff Writer,
New Delhi: The Election Commission of India has come up with measures to check ‘Paid News’ i.e. advertising in the garb of news in media during elections. The Commission has directed Chief Electoral Officers of all states that to check ‘Paid News’ district level committees may be constituted in each district as soon as election is announced.
“The recent phenomenon of ‘Paid News’, which is assuming alarming proportion as a serious electoral malpractice, has been causing concern to the Commission in the context of conduct of free and fair elections,” says an Election Commission of India letter dated June 8, 2010 that was sent to Chief Electoral Officers of all States and Union Territories.
“The practice of paid news has to be seen as an attempt to circumvent the provisions of Sections 77 and 123 (6) of R.P. Act 1951 which prescribe accounting and ceiling of election expenses and make exceeding such prescribed limits a corrupt practice in elections,” the letter says.
The Commission has directed that maximum vigilance may be observed by making use of the existing provisions of law so that the incidence of ‘Paid News’ or surrogate advertisements in Print and Electronic media in the context of elections is arrested.
The cases of ‘Paid News’ generally manifest in the forms of news articles/reports published about a particular candidate or a party eulogising them, or similar news articles/reports denigrating the opponents, both intended at unduly influencing the voters. The same or similar type of news articles/reportings (with cosmetic modifications) appearing in more than one newspaper periodical would amount to further corroboration as circumstantial evidence that such news publication could result from collusion of the candidate/party with the editors, publishers, financers of the newspaper etc. Such collusion would, however, have generally no transactional evidence of payment of consideration in cash or kind.
Legal provisions under Sec.127A of the R.P. Act, 1951 make it mandatory for the publisher of an election advertisement, pamphlet, etc., to print the name and address of the publisher as well as printer and failure to do so attracts penalty of imprisonment up to two years and/or fine of Rs.2000/-.
To check ‘Paid News’ the Commission has directed to form district level committees.
“The Commission directs that for the purposes of above investigation, district level committees may be constituted by the DEOs in each district as soon as election is announced to do vigorous scrutiny of all newspapers, published or having circulation in the district in order to locate political advertisement in the garb of news coverage appearing within the election period. DEOs should closely monitor advertisements released in print media in any form including surrogate advertising in the form of news, and serve notices to candidates/political parties where called for, so that the expenses incurred thereon are duly reflected in the account of the concerned candidate/party.”
Similarly, the District Committee should also keep a watch on the election news/features, etc. on the electronic media in the district. When there is disproportionate coverage to the speech/activities of a candidate on television/radio channels, which is likely to influence the voters and yield electoral benefit to a particular candidate, and the same coverage appears in several channels, then the candidate should be served with notices by the DEOs to explain her/his stand as to why the coverage should not be treated as advertisement, and matter should be reported to the Commission.
The letter has been sent by Tapas Kumar, Principal Secretary, Election Commission of India to all Chief Electoral Officers.