Even as the poll trumpets fell silent 48 hours ahead of voting day, in keeping with the Election Commission’s model code of conduct rules, the tom-tom drums of social media kept up the campaign din in Karnataka. Prime Minister Narendra Modi made an eight-minute video appeal on Twitter to voters to favour the lotus and ‘double-engine sarkara’, unmindful of the ‘Silence Period’ imposed by the EC on all political parties. The Congress quickly filed a complaint with the Election Commission, alleging a code violation. It also put up its video by AICC President Mallikarjun Kharge in a last-gasp appeal. Faced with a battery of complaints from all parties, the EC trod strictly by the book, saying that Section 126 of The Representation of the People Act, 1951, which deals with code violations, does not cover social media’s use during this period. Appeals made on social media fall outside the polling area and do not come under the ambit of the existing law. The Congress has contested it, saying an amendment was proposed in 2019 to include “dissemination” of any message, but it remains a grey area.
This highlights that our laws are ambiguous vis-à-vis the swiftly changing media available to political parties to canvass their cause. They are free to harness the wide coverage of the medium to reach voters, which violates the true spirit of the Silence Period—a 48-hour cool-off time given to voters to think through the promises of each candidate and cast their ballot. The EC has accepted that the challenges thrown up by digital and electronic media are many and will require a relook at Section 126. The nature of social media is such that regulation is a challenge—it is an unfettered medium which is active 24/7 and encourages interaction, often descending into unparliamentary exchanges, reflecting the worst of human nature.
In such a scenario, the government attempts to rein in digital media platforms like Twitter, YouTube, Facebook and WhatsApp by drawing up regulations to prevent misuse and identify mischief makers. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, will ensure increased scrutiny and compliance, besides punitive action. While this may be the need of the hour, fair implementation of such regulations is required but should not infringe on the freedom of expression or target certain sections of society and rival political parties.