Model Code of Conduct Comes into Force in Assam Following Assembly Poll Announcement

Officials said that all political advertisements appearing on electronic platforms must undergo mandatory pre-certification before being published or broadcast. The rule stems from an order issued by the Supreme Court of India on April 13, 2004, which directed that political advertisements in electronic media must be pre-certified throughout the year and not only during elections.

The Commission clarified that this requirement applies to all forms of electronic media, including social media platforms, which are legally treated as electronic media. As a result, political advertisements appearing on social media platforms will also require prior approval from the Media Certification and Monitoring Committee (MCMC).

Apart from social media, other communication channels such as bulk SMS messages, recorded voice calls, advertisements shown in cinema halls, private FM radio channels and electronic newspapers must also receive pre-certification before being circulated.

The Election Commission further stated that political advertisements published in print media will also require pre-certification if they appear on the day before polling or on the day of polling itself. This rule was first implemented during the 2015 Legislative Assembly elections in Bihar and has since been applied to elections across the country. However, advertisements published in newspapers before the pre-poll day do not require prior certification.

Alongside advertisement monitoring, the Commission has also stepped up surveillance to identify instances of paid news. Paid news refers to content presented as news but actually published in exchange for payment or political favour.

Election officials in Assam have been asked to remain vigilant in identifying suspicious news coverage during the election period. Certain patterns are often considered indicators of paid news. For instance, identical news articles carrying the same photographs and headlines appearing in competing newspapers with different bylines around the same time may raise suspicion.

Similarly, articles claiming that a particular candidate has the support of every section of society and is certain to win an election are also treated as possible cases of paid news. Instances where competing newspapers carry separate articles praising different candidates on the same page, both claiming that their respective candidates are likely to win the same election, may also attract scrutiny.

Another red flag identified by the Commission includes situations where a newspaper publishes a banner headline praising a political party or candidate but does not carry any supporting news report explaining the claim.

If any such content is identified, the Election Commission will forward the details of the concerned print or electronic media organisation to regulatory bodies such as the Press Council of India and the News Broadcasters Association for further examination.

The Commission has also reminded political parties, candidates and media organisations of several legal provisions under the Representation of the People Act 1951 that regulate election-related activities.

Under Section 125 of the Act, promoting enmity between different communities or social groups during an election campaign is a punishable offence. Anyone found guilty of such actions can face imprisonment for up to three years, or a fine, or both.

The law also enforces a strict “silence period” before polling. As per Section 126 of the Act, election campaigning must stop forty-eight hours before the conclusion of polling in a constituency. During this period, no public meetings, campaign speeches or election-related publicity are allowed in the polling area.

Restrictions have also been imposed on opinion polls and surveys conducted before voting. Any individual or organisation publishing opinion polls during the prohibited period may face imprisonment for up to two years, a fine, or both.

Another provision under Section 126A of the Act deals with exit polls. The law prohibits the publication or broadcast of exit poll results from the time polling begins in the first phase of an election until half an hour after polling ends in the final phase across all states involved. Exit polls generally refer to surveys conducted to determine how voters have cast their votes or which political party they supported.

The Election Commission has warned that violation of the exit poll restrictions may also lead to imprisonment for up to two years, a fine, or both.

In addition, Section 127A of the Representation of the People Act regulates the printing and distribution of election-related materials such as pamphlets, posters and leaflets. These materials must clearly display the names and addresses of the printer and publisher. Any violation of this rule may attract imprisonment for up to six months, a fine of up to ₹2,000, or both.

Election officials in Assam have been directed to closely monitor campaign materials and media content to ensure that all these provisions are followed strictly.

The Commission has emphasised that maintaining transparency in political communication and preventing misuse of media platforms are essential for conducting free and fair elections. As campaigning gradually gains momentum across Assam, authorities say strict monitoring will continue to ensure that all stakeholders comply with the rules laid down for the electoral process.