In a first, the Election Commission of India asked the Jharkhand Chief Electoral Officer to remove a video published by the state BJP on social media. The step was taken following a complaint filed by the ruling Jharkhand Mukti Morcha (JMM) along with its ally the Congress, which alleged that the video violated the Model Code of Conduct (MCC) ahead of the November 20 Jharkhand Assembly elections.
EC Acts Swiftly After Complaint
The complaint issued by JMM and Congress described the video content to be “misleading and divisive”. Upon ECI’s directive, it sent a communication to the Jharkhand CEO for removing the video forthwith from social media platforms like X (formerly Twitter).
It referred to Section 79(3)(b) of the Information Technology (IT) Act, which provides powers for the government to make takedown orders regarding unlawful contents. The ECI sought an explanation from the BJP on the alleged violation and sought an action taken report from the party.
“The party may be directed to forthwith pull down the said post,” the ECI said in its letter.
Video Content Causes Row
An official video of the BJP’s Jharkhand account, put out on November 16, shows a story the ruling party says is an effort to cheat voters. In the 54-second clip, a few poor Muslim individuals are seen reaching a well-to-do Hindu family house reportedly supporting the JMM. The video ends with two characters from a slum neighborhood confronting the house owner: “The people you voted for got these people here. … so why should our ‘basti’ be the only one to be destroyed? Your house should be destroyed, too.”
There is also a poster outside the house in the video allegedly advertising the JMM with an image apparently resembling Hemant Soren, chief minister of Jharkhand. It says, “Pure Jharkhand ka kaya palat kar denge [We will change the composition of all of Jharkhand].” Both JMM and Congress cried foul over the video, saying the BJP was spreading falsehoods for political benefit.
JMM and Congress React
JMM officials were quick to voice their objections over the video, which allegedly could mislead voters. In their complaint before the ECI, they termed the video “rife with baseless allegations and falsehoods” aimed at “unduly influencing voters.” Further, they said that the contents of the video violated the guidelines of the ECI relating to misinformation and hate speech, which could otherwise seriously harm the democratic process.
“The BJP Jharkhand’s Twitter handle poses a serious threat to the integrity of the democratic process and undermines the trust of the voters,” the JMM complaint argued.
They claimed that the BJP is using religious identity to influence a section of people. The Congress complaint said the video “propagates a false narrative about members of a particular religious community” and directly uses religious identity as a “call/appeal for votes.” Violations, they said, are both of the Model Code of Conduct and the Representation of the People Act, 1951.
Jharkhand CEO Acts First
Ahead of the formal communication from the ECI, Jharkhand’s Chief Electoral Officer, K Ravi Kumar, had taken headway by issuing a takedown notice to X/Twitter on Sunday morning and filing an FIR as mandated under law.
An ECI letter also underscored that the state CEO should contact the concerned authorities in Jharkhand and take adequate measures to ensure that offending posts were taken down without delay.
Legal Provisions for Action
In fact, the legal authority of the directive by the ECI is offered under Section 79(3)(b) of the IT Act that empowers the government to issue orders requiring an intermediary, including social media platforms, to remove illegal content. However, law has been typically cited to control hate speech and fake news, and no specific notification states who the authorised officer in Jharkhand is.
That this is to be welcomed notwithstanding, the immediate response of the Jharkhand CEO also speaks of seriousness towards electoral integrity in the state.
Immediate Issues with the BJP Social Media Campaign
This issue with the BJP social media posts underscores more general concerns regarding the place of digital platforms in modern elections. The creation of misinformation, fake news, and divisionary content has forced the ECI and similar authorities to focus attention on the regulation of social media as a measure for preventing undue influence over voters.
In this context, the video by the BJP raises the issue of ethics in political campaigns and the duty on the side of political parties towards their digital content not violating the rules of the Election Commission.
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