The Bombay High Court on Thursday directed the Election Commission of India and social media giant 'Facebook' to on Monday, inform what steps it will be taking to ensure that there is no promotion or campaigning carried out by political parties or individuals on social media or online platforms 48-hours before the forthcoming Lok Sabha polls.
A division bench of Chief Justice Naresh Patil and Justice NM Jamdar expressed serious displeasure at the way ECI was taking the issue lightly. Its counsel Pradeep Rajgopal, who was on the last hearing told to file an affidavit by the court, was absent today. Even no official of the ECI was present, to which the bench said: "Shall we issue warrants and produce them before us. This issue cannot be taken so lightly by the Commission."
Counsel for Facebook also sought time till February 6, claiming he had received the petition recently and had to get instructions. He also sought the Sinha Committee report and the affidavit of the Election Commission after which he would file its reply. To which the bench said, "Nothing will do, you take whatever you want from the respondents and be ready with the matter on Monday (Feb 4)." The bench reminded the counsel about how the social media giant had policies in place in the United Kingdom and the United States of America, in regards to political advertisements and no such policies existed in India.
The direction was given while hearing of petition filed by lawyer Sagar Suryavanshi, seeking directions to the Commission to prohibit all persons, whether politicians or private individuals, from posting advertisements related to politics or elections, or paid political content on social media platforms such as YouTube, Facebook, and Twitter, 48 hours before the election day.
The Commission has told the court that based on a committee report; it has recommended amendment of Section 126 (b) of the Representation of Peoples Act which prohibits public meetings, processions, campaigns 48 hours before polling. However, the amendment will have to be done by the Parliament.
Bombay HC reminded the Facebook counsel about how the social media giant had policies in place in the UK and the US, in regards to political advts while no such policies existed in India.