Can’t stop social media posts 48 hrs before polls, EC tells Bombay HC

MUMBAI: Election Commission of India (ECI) on Friday told Bombay high court it cannot restrain people from commenting on politics or posting on social media in favour of or against any political party 48 hours before polling day.

It was responding to a PIL by Sagar Suryavanshi, a lawyer, to direct prohibition of all persons politicians or private individuals from posting advertisements related to politics, elections or paid political content on social media platforms such as YouTube, Facebook and Twitter, 48 hours before polling day.

ECI advocate Pradeep Rajgopal told a bench of Chief Justice Naresh Patil and Justice Nitin Jamdar that rules prohibit politicians and political parties from indulging in any form of political advertisement or campaigning 48 hours before polling day. He said Section 126 of Representation of People’s Act, 1951, prohibits public meetings, processions and campaigns 48 hours before polls. Even advertisements and paid political content through electronic media are prohibited and social media posts are covered under these restrictions, he added. He wondered how ECI can stop a person “who makes a blog post or Twitter post in his or her individual capacity in praise of any political party or its policies’’.

Suryavanshi’s advocate, Abhinav Chandrachud, said Facebook had advertising policies in UK and US where advertisements and paid content are subject to strict verification. India must have a similar policy, he added. Adjourning the hearing, the judges told both sides to suggest ways to regulate paid political content on social media before elections.