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CONFRONTING THE DELUGE  

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ECI’S BATTLE WITH FAKE SOCIAL MEDIA PLATFORMS IN UPHOLDING MCC STANDARDS    

By: SHAHEEN SAFDAR 

Under Article 324 of the Indian Constitution, the Election Commission of India (ECI) is mandated with several important responsibilities related to elections.  

The ECI has the authority to supervise, direct, and control the entire process of conducting elections to the Parliament, State Legislatures, and offices of the President and Vice-President. The ECI is responsible for conducting free, fair, and impartial elections. This involves tasks such as preparing electoral rolls, delimitation of constituencies, appointment of election officials, and organizing polling booths. 

ECI is also responsible for recognizing political parties and allotting symbols to them for elections. It enforces the Model Code of Conduct during elections to ensure fair play and prevent electoral malpractices. The ECI has the authority to disqualify members of Parliament and State Legislatures in case of violations of electoral laws or corrupt practices. 

It regulates the media coverage during elections to provide a level playing field to all candidates and parties. Overall, Article 324 empowers the Election Commission of India to ensure the democratic process of elections is conducted smoothly and fairly across the country.

The Election Commission of India (ECI) has specific guidelines for candidates and election campaigning on social media platforms to ensure transparency, fairness, and ethical conduct. Candidates and political parties must provide details of their social media accounts and handles to the ECI during the nomination process. This helps in verifying the authenticity of accounts and monitoring campaign activities. 

All political advertisements and content intended for circulation on social media platforms must be submitted to the Media Certification and Monitoring Committees (MCMCs) for pre-certification. This includes text, images, videos, and any other form of digital content. Candidates and parties are required to maintain separate bank accounts for digital campaign expenditure.        

They must also disclose their digital campaign expenses to the ECI. Including expenses related to social media promotions and advertisements. Candidates and parties must adhere to the ECI’s code of conduct, which prohibits the spread of fake news, hate speech, and misinformation on social media platforms. They are also expected to promote ethical campaigning and refrain from personal attacks or inflammatory content. The ECI closely monitors social media platforms for violations of the code of conduct and encourages the public to report any objectionable or misleading content. Action is taken against violators based on the severity of the offense. Social media platforms are urged to verify the accounts of candidates and political parties to prevent impersonation and ensure the credibility of information shared during the campaign period.    

These guidelines aim to create a level playing field for all candidates and parties, prevent the misuse of social media for electoral gains, and uphold the integrity of the electoral process.

The “Voluntary Code of Ethics” refers to a set of guidelines or principles that are voluntarily adopted by various stakeholders, such as political parties, media organizations, and social media platforms, to ensure fair and ethical conduct during elections. These codes are not legally binding but are meant to promote responsible behaviour and maintain the integrity of the electoral process. They often include provisions related to: 

Media Coverage: Guidelines on balanced and unbiased reporting, avoiding sensationalism, and providing equitable coverage to all candidates and parties.  Measures to combat fake news, hate speech, and misinformation on social media platforms. This may include mechanisms for fact-checking, moderation, and transparent advertising. 

Campaigning: Ethical standards for election campaigns, including respecting the dignity of opponents, avoiding personal attacks, and promoting issues-based debates. 

Use of Resources: Ensuring transparency in the funding of election campaigns, disclosing sources of funding, and preventing the misuse of government resources for electoral purposes. 

Commitment to abide by all relevant laws, regulations, and guidelines issued by election authorities: On the other hand, legal provisions related to elections are enforceable by law and are binding on all stakeholders. These may include: Representation of the People Act: This act contains provisions related to the conduct of elections, qualifications and disqualifications of candidates, electoral offenses, and dispute resolution mechanisms. 

Model Code of Conduct: Issued by the Election Commission of India, the Model Code of Conduct lays down rules and guidelines for conduct during elections, including guidelines on campaigning, speeches, polling day activities, and use of government resources.   Regulations governing the funding of election campaigns, including limits on expenditure, disclosure of sources of funding, and penalties for violations’.

Defection Law: Provisions that prevent elected representatives from defecting to other political parties after being elected, thereby ensuring the stability of governments. These legal provisions are essential for maintaining the integrity and fairness of the electoral process and are enforced by election authorities and judicial bodies.

Fake news manifests in various ways, often exploiting the platform’s reach and ease of sharing information. Some common manifestations of fake news on social media include spreading completely fabricated stories, quotes, or events that never happened. These can be designed to mislead, create confusion, or incite emotions. 

Misleading Headlines: Sharing articles or posts with sensational or misleading headlines that do not accurately represent the content of the story. This can lead to misconceptions and misinterpretations among readers. Posting doctored images, videos, or audio clips to support false narratives or create a misleading impression of events or individuals. Taking statements, quotes, or data out of context to distort their original meaning or intent, leading to misunderstandings or false conclusions.  While satire and parody are legitimate forms of expression, they can sometimes be mistaken for real news, especially when not clearly labelled as such. 

Automated accounts (bots) and coordinated efforts by trolls to amplify fake news, spread misinformation, or manipulate public opinion by artificially inflating engagement metrics. Echo Social media algorithms may contribute to the spread of fake news by creating echo chambers where users are exposed to content that aligns with their existing beliefs, reinforcing confirmation bias and making them more susceptible to false information. 

To combat fake news on social media, it’s crucial for users to verify information before sharing, rely on credible sources, critically evaluate content, report suspicious or misleading posts, and promote media literacy and fact-checking practices. Platforms also play a significant role in implementing measures such as fact-checking programs, content moderation, and transparency in advertising to address the spread of fake news. 

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