Opposition International

Political advertisements on social media platforms in India are also subject to the laws and regulations that apply to other media, such as TV, radio, and print. Some of the main rules are:

• Political advertisements on social media must be pre-certified by a designated committee before they can be posted or promoted.
• Political advertisements on social media must not contain any false or misleading statements, personal attacks, appeals to communal or religious sentiments, or any content that violates the model code of conduct issued by the Election Commission of India.
• Political advertisements on social media must clearly disclose the name and address of the sponsor, the cost of the advertisement, and the name of the candidate or party on whose behalf the advertisement is issued.
• Political advertisements on social media are subject to a 48-hour silence period before the polls, during which no new advertisements can be posted or promoted.
• Political advertisements on social media are allowed only for registered political parties and candidates, and must follow the same guidelines as other media.
• Foreign investment in online content services, such as news and current affairs websites, is capped at 49 per cent and requires government approval.

The designated committee that pre-certifies political advertisements in India is the Media Certification and Monitoring Committee (MCMC). It is a body set up by the Election Commission of India to examine and approve the content of political advertisements in various media platforms, such as TV, radio, print, and social media.

The MCMC consists of members from the election authorities, the information and broadcasting ministry, the media, and the public. The MCMC aims to ensure that the political advertisements are fair, ethical, and in compliance with the model code of conduct issued by the Election Commission of India.

The time required for the MCMC to pre-certify a political advertisement depends on the type of media and the status of the applicant. For registered national and state parties and every contesting candidate, the application must be submitted not later than three days prior to the date of the proposed commencement of the telecast or publication of the advertisement.

For any other person or unregistered political parties, the application must be submitted not later than seven days prior to the date of the telecast or publication of the advertisement.

For print media advertisements on the day of poll and one day prior to poll, the application must be submitted not later than two days prior to the proposed date of publication of the advertisement. The MCMC is expected to make the decision expeditiously.

The model code of conduct is a set of guidelines issued by the Election Commission of India for the conduct of political parties and candidates during elections.

It aims to ensure free and fair elections by preventing any unethical or unlawful practices that may influence the voters or disturb the peace and order.

The model code of conduct covers various aspects of election campaigning, such as speeches, polling day, polling booths, portfolios, election manifestos, processions, and general conduct.

The model code of conduct is not legally binding, but it is enforced by the Election Commission of India through its powers under the Constitution and the Representation of the People Act, 1951.

The model code of conduct comes into force as soon as the election schedule is announced and remains in force till the end of the election process³. Any violation of the model code of conduct can result in warnings, reprimands, censure, or even cancellation of the candidature or the election by the Election Commission of India.

The role of political parties in enforcing the model code of conduct is to observe the norms and guidelines issued by the Election Commission of India for the conduct of free and fair elections. Political parties are expected to cooperate with the election authorities, refrain from any unethical or unlawful practices, and respect the rights and sentiments of the voters and the opponents.

Political parties are also responsible for ensuring that their candidates and supporters abide by the model code of conduct and do not violate any of its provisions. Political parties can also report any instances of violation of the model code of conduct by other parties or candidates to the election authorities for appropriate action.

India has a broad definition of political advertising that includes any advertising that promotes or opposes a political party, candidate, or issue, regardless of the time or the medium.

India also has moderate requirements for transparency and disclosure, such as requiring political advertisers to pre-certify their ads with a designated committee, and to include an authorization statement in their ads. India also prohibits political advertising that contains false or misleading information, personal attacks, or appeals to communal or religious sentiments, or that violates the model code of conduct issued by the election authority.

India has a statutory body, the Election Commission of India, that enforces the rules and can issue warnings, reprimands, censure, or cancellation of the candidature or the election for violations.

Source: Conversation with Bing, 12/24/2023
(1) Model code & political ad rules will apply to social media too. https://economictimes.indiatimes.com/news/elections/lok-sabha/india/model-code-political-ad-rules-will-apply-to-social-media-too/articleshow/68350634.cms.
(2) Election Advertising on Social Media Platforms – The Leaflet. https://theleaflet.in/election-advertising-on-social-media-platforms/.
(3) Regulating election campaigns on social media/online platforms. https://blog.ipleaders.in/regulating-election-campaigns-on-social-media-online-platforms/.
(4) Episode 13: Regulation of political propaganda/campaigning on social media. https://adrindia.org/content/episode-13-regulation-political-propagandacampaigning-social-media.
(5) Changing How India Advertises: Government Introduces New Guidelines. https://www.scconline.com/blog/post/2022/07/07/changing-how-india-advertises-government-introduces-new-guidelines/.