Amendments to Representation of People's Act 1951

The Election Commission of India has sought an amendment to the Representation of People Act 1951 to prevent print media, social media and other digital platforms from carrying political advertisements in the last 48 hours before the polling begins.

Why the amendment is necessary?

Section 126 of the Representation of People Act 1951 prevents electronic media from airing any political advertisements in the silent period (48 hours before polling begins),
The Election Commission has also made it mandatory to seek pre-certification of the campaign material to be published in newspapers during the 48 hours.
But the Social media platforms which are have gained huge prominence for their ability to influence election outcomes, are completely out of the purview of the pre-screening and prohibition rules.
The committee headed Deputy Election Commissioner Umesh Sinha had noted that an anomalous situation exists in Section 126 of having differential treatment to print media as compared to other media platforms.
The committee noted that while Section 126 explicitly bans television channels from broadcasting political matter during the silent period, lack of backing by law has led to Print media carrying political advertisements during the silent period despite the curbs imposed by the EC

What are the amendments sought?

The Election Commission of India has written to the Union Ministry of Law suggesting to extend the provisions under Section 126 to digital and print media as well. The Commission has sought inclusion of ‘print media’ and ‘other entities’ within the ambit of Section 126 (1) (b). The other entities would refer to all social media formats.


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