Ban on Political Campaigning Influencing Voters During Silence Period

Mumbai : The silence period for the state elections scheduled on November 20, 2024, will begin at 6 PM on Monday, November 18, 2024. During the 48 hours leading up to the conclusion of voting, campaigning, public meetings, and processions aimed at influencing voters are prohibited under Section 126 of the Representation of the People Act, 1951. Violating these rules may result in imprisonment for up to two years, a fine, or both, as per the Chief Electoral Officer’s office.

The Election Commission of India has issued directives in line with the Representation of the People Act. Any election-related content or advertisement published in favor of or against a political party or candidate in print media must include the publisher’s name and address, along with the content clearly marked. Additionally, the Commission has emphasized compliance with Section 171H of the Indian Penal Code, which prohibits election-related spending or advertisements without the candidate’s official approval.

The Commission has instructed that any political advertisement published in print media during the silence period must have prior approval from the Pre-Certification Committee. Furthermore, audiovisual mediums like television, cable networks, radio, and social media are strictly prohibited from broadcasting political advertisements during this period.

The directives regarding pre-certification of advertisements were issued by the Election Commission of India on August 24, 2023. These guidelines apply to political advertisements in both print and audiovisual media during the silence period and the days preceding it.

Non-compliance with pre-certification instructions will lead to legal action. Violations of the Supreme Court’s orders or provisions under the Cable Television Network (Regulation) Act, 1995, require immediate cessation of the infringing activity. The Election Commission is also empowered to confiscate the violator’s equipment. Disregarding these instructions may constitute contempt of the Supreme Court, leading to judicial proceedings.

All cable networks, TV channels, radio stations, and social media platforms must ensure that political advertisements have pre-certification before airing. Advertisements without such certification must not be broadcast. Channels and networks must ensure compliance and avoid indirect or covert political promotions without approval. Violations will be treated as contempt of court, and action will be taken accordingly, clarified the Chief Electoral.