The Hindu : Opinion / Editorials : SMEAR ADVERTISING

Online edition of India's National Newspaper
Monday, Apr 05, 2004

Opinion

Opinion - Editorials

SMEAR ADVERTISING

THE SUPREME COURT'S interim order has, in effect, allowed political advertising on the electronic medium, but with an important qualification. Such advertisements on cable networks and satellite television channels must not be "shocking, disgusting or revolting" and more specifically should not "offend morality, decency and [the] religious susceptibility of viewers." In adopting this view, the Court has only restated the general legal position. Rules framed under the Advertising Code of the Cable Television Networks (Regulation) Act specifically prohibit commercials from being aired if they fall foul of any of these norms. The Court's order does not, as suggested in some quarters, quash last month's ruling by the Andhra Pradesh High Court, which lifted the ban on political advertising that was suddenly effected by the invocation of a little known rule — 7(3) — of the Cable Television Networks (Regulation) Rules. Rather, it only replaces or substitutes the High Court's order, by stressing that mudslinging and smear campaigns will not be allowed in the guise of political advertisements.

The Supreme Court's order, which has been welcomed by the major political parties, should put an end to the kind of distasteful advertisements that have been aired recently, particularly those by organisations fronting for political parties. Two such advertisements that attracted widespread censure were nasty, personalised attacks on the Prime Minister, Atal Bihari Vajpayee, and the Congress president, Sonia Gandhi. But the Court has not yet taken a final view on Rule 7(3), the operation of which was stayed by the Andhra Pradesh High Court after some private television networks challenged its validity. A couple of points are germane here. First, the applicability of Rule 7(3) is absolute — it bans all political advertising on television, not merely that which is election-related. The Rule is not specifically related to the electoral process as the Centre, which filed the special leave petition challenging the High Court decision, has suggested. Secondly, a ban on all such advertisements raises the question of whether it is discriminatory and unreasonably restrictive. In 1999, the Andhra Pradesh High Court struck down two Election Commission orders prohibiting political advertisements in the private electronic media on the above grounds, in a case in which Rule 7(3) did not come up for consideration. Therefore, the larger issue here — whether the Centre is empowered to ban political advertisements during election time and otherwise — will be resolved only after the apex court takes a final decision on the validity of Rule 7(3).

The Supreme Court's interim order raises some practical issues. The Court has asked the Election Commission to monitor political advertisements on television to ensure they are in conformity with existing laws. Two months ago, the Information and Broadcasting Ministry, while seeking the Election Commission's opinion on banning all political advertisements under Rule 7(3), expressed its inability to monitor the "more than 100 cable and satellite channels, 30,000 cable operators and a large number of local channels ... so as to ensure that these political advertisements remain within the Rule Book." How the Commission will be able to keep effective tabs on such a large and often localised operation remains to be seen. It will also have to evolve a broad framework of rules and procedures to examine the complaints it receives in the light of the Supreme Court order. In the cut and thrust of political debate, particularly during election time, the line between slander and legitimate political criticism can sometimes be very thin. In assessing political advertisements, the Commission will need to maintain a fine balance between the need for free political expression and the necessity to curb the politics of smear and defamation.

Printer friendly page
Send this article to Friends by E-Mail

Opinion

News Update

Stories in this Section

SMEAR ADVERTISING

HYPERSONIC FLIGHT AND SPACEPLANES

Projecting a Prime Minister

Should India cultivate GM rice?

A mandate for economic issues rather than peace process