The Hindu : Front Page : EC's clearance must for telecast of political ads

Online edition of India's National Newspaper
Wednesday, Apr 14, 2004

Front Page

Front Page

EC's clearance must for telecast of political ads

By J. Venkatesan

NEW DELHI, APRIL 13. The Supreme Court today ordered that the Election Commission's prior clearance is necessary for the telecast of all political advertisements by television channels and cable networks and vested the Commission with powers to screen such advertisements and issue a certificate for telecast.

A three-Judge Bench, comprising the Chief Justice, V.N. Khare, Justice S.B. Sinha and Justice S.H. Kapadia, while staying the interim orders of the Andhra Pradesh High Court suspending the operation of Rule 7 (3) of Cable Television Network Rules, put in place comprehensive guidelines to be followed by political parties, candidates and others in the issue of advertisements for telecast from April 16 to May 10.

Considering the fact that several surrogate advertisements were being telecast, the Bench made it clear that no advertisement could be inserted by any political party, candidate or person without prior clearance from the Commission or the Chief Electoral Officers in the States and the Union Territories. If it was found that advertisements were being telecast in violation of the guidelines, the Commission would be empowered to seize the equipment of the offending television channel or cable network.

The Bench said the political parties and candidates intending to insert advertisements in electronic media shall submit the content of the advertisement, along with its transcript, to the Election Commission or its nominated official three days before the proposed date of telecast for obtaining clearance. For others, advertisements shall be submitted seven days prior to the proposed telecast.

However, for the first phase of the elections scheduled for April 20, the Bench said that advertisements should be submitted for clearance two days before the proposed date of the telecast.

The Bench made it mandatory for the advertisers to state on affidavit whether the insertion is funded by political parties and whether it is meant to benefit the electoral chances of a political party or a candidate. In the case of others, they should give an affidavit to the Election Commission stating its cost of production; the number of insertions with the total cost of advertisement and whether it was for a particular party or a candidate. The advertisement issued by persons or a trust has to state whether it was funded by a political party or candidates or for the benefit of parties or candidates. The Bench made it mandatory for all those intending to insert political advertisements to make payment only through cheques and demand draft and not in cash.

It also ordered that the provision banning canvassing 48 hours before the polling would be applicable to the political advertisements in the electronic media.

The Bench authorised the Election Commission to appoint a State-level sub-committee to look into grievances regarding certification and non-certification of the advertisements by the District Magistrate or his nominee, who had been authorised to screen them.

The Bench made it clear that the committee's order would be binding on all the political parties, candidates and all others concerned. No court could entertain any petition from the aggrieved party of any grievances against the committee's decision and the aggrieved party could approach only the Supreme Court.

The Bench, before finalising the guidelines, heard senior counsel K.K. Venugopal, representing the Election Commission, the Attorney-General, Soli J. Sorabjee, the Centre and K. Ramakant Reddy, Gemini TV.

On April 2, the court had in an interim order banned the telecast of "mudslinging," "slanderous" and surrogate advertisements in the electronic media.

It also directed that no TV channel or cable network should telecast any advertisement that did not conform to the law of the land and offended morality, decency and the religious susceptibility of the viewers or was "shocking, disgusting and revolting in nature."

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