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Recalling the 2004 Supreme Court order that EC invoked in NaMo TV case
Why in news?
- The EC had said that the Chief Electoral Officer of Delhi had confirmed that there has not been any pre-certification of the content being displayed on NaMo TV/ Content TV.
- As the second phase of voting approached, the Election Commission decided on April 16 to enforce silence period with regard to NaMo TV.
What is in the news?
- Section 126 of The Representation of the People Act, 1951:(1) It prohibits campaigning by candidates and parties in the 48-hour period ending with the scheduled conclusion of polling in an area.(2) Display to the public any election matter by means of cinematograph, television or other similar apparatus is not allowed in these 48 hours.
Some questions
- Who ‘pre-certifies’ political ads that are aired on TV?(1) Supreme Court on April 13, 2004, directed that advertisement of political nature on TV Channel could be issued only after obtaining necessary clearance from the EC or EC’s designated officer.(2) For parties or organizations headquartered in NCR Delhi:
- For pre-viewing, scrutinizing and certifying advertisements to be telecast over TV channels by any registered political party having headquarters in NCT of Delhi, the Chief Electoral Officer of Delhi is to constitute a Committee.(1) For parties or organizations headquartered in other states:
- The respective CEOs were to set up the committees.
- Each committee was to be headed by an additional or joint CEO of that state.
- What is the procedure to get an advertisement certified?(1) Parties and candidates must apply three days before the ad is to be aired.(2) But in the first phase, applications can be sent just two days in advance.(3) Parties or candidates must submit two copies of the ad, its transcript, cost of production, and the approximate cost of the proposed telecast with the break-up of the number of insertions and the proposed charge for each insertion.(4) Applications by any other persons or by unregistered political parties must be made seven days in advance.(5) Payments for ads, either by registered/unregistered political parties or anyone else, cannot be made in cash.
- How did the matter reach the Supreme Court?(1) Decision that led to the establishment of these committees for political ads during the election period in Secretary, Ministry of Information & Broadcasting vs M/s Gemini TV Pvt Ltd & Others case.(2) Section 7 of the Rules says:
- No advertisement shall be permitted which are wholly or mainly of a religious or political nature.
- Advertisements must not be directed towards any religious or political end.
- What is the legal status now?(1) The Supreme Court had passed an interim order on April 13, 2004, but no subsequent orders or judgments were passed on this matter.(2) The 2004 order, therefore, remains the law of the land, as is clear from the EC’s invocation of it this month.
Source
Indian express.