EC to write to print media on political ads
10 April 2004. The Hindu. New Delhi
Taking strong note of political advertisements appearing in the print media without the name of the organisation concerned, the Election Commission has decided to write to newspapers and magazines not to publish any such advertisements without the name of the political party, candidate or organisation. It has also asked the media organisations to furnish it with details of the revenue collected from each political party and candidate so that it could be added to their election expenditure.
Highly-placed sources said the Commission has asked the publishers of the newspapers and magazines to take a written undertaking in a prescribed format approved by it from political parties, candidates and organisations giving advertisements.
It is believed that during the recent Delhi Assembly elections, the Chief Electoral Officer for Delhi, Arun Goyal, had written a letter to the print media seeking details of the advertisements published by them during the poll campaign, including the cost of publishing the advertisements. Sources said only four Delhi-based newspapers had responded to the letter.
“As per election law, every advertisement published should carry the name of the printer and publisher. We are asking the newspapers just to follow this simple guideline,” the official said.
Giving instances, officials said it was only after their recent intervention that the political advertisement Aam aadmi ko kya mila? (What did the common man get?) started carrying the name of the publisher, which is the All-India Congress Committee. “Initially, the advertisements did not carry the name of the publisher. Changes appeared only after we pointed it out to the newspapers and magazines concerned,” the official said.
It is understood that the Commission asked the print media persistently whether they had taken an affidavit from the publisher of the political advertisements.
The reply was that the advertisement came to them through media agencies and they did not deal directly with the political parties. “We have specifically asked them to seek the affidavit or else it could be considered a violation of Section 127A of the Representation of the People Act,” the official said.
As per Section 127A of the Representation of the People Act, 1951, no person shall print or publish any election related publicity material which does not bear names and addresses of the printer and publisher.
Also, the person should not print or publish the election related publicity material even pamphlet or poster “unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate.”
Said the official: “The law requires that within a reasonable time after the printing of the publicity material at least one copy of the declaration is sent by the printer, together with one copy of the document to the Election Commission.”
It has also been pointed out that the printer of all poll publicity material must obtain a declaration from the publisher in prescribed proforma and submit a copy to the CEO within three days of the printing. “Any person who violates the above provision of the Law shall be severely dealt with.”
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