7.4. Umesh Sinha Committee on Section 126 of Representation of the People Act, 1951

In the light of increasing influence of digital media, the task of maintaining campaign silence or election silence during last 48 hours before the conclusion of polling is becoming increasingly onerous. In this context, committee constituted under the chairmanship of Deputy Election Commissioner Sh. Umesh Sinha reviewed and suggested modifications and changes in the provisions of the Section 126 and other sections ofRPA, 1951, provisions of Model Code of Conduct and any other ECI instruction in this regard.

Provisions of Section 126 and other related Sections of the Representation of the People Act, 1951: The committee made the following recommendations

♤ The provision of ‘election silence’ be extended to cover print and social media, internet,

cable channels and online version of print media.

♤ Section 126 also restrains display of any election matter by means of cinematograph, television or other similar apparatus.

Regulation of Media Platforms: In this respect, the committee suggested that

♤ The social media agencies must be asked to label political advertisements to separate them from other content, and maintain an account of expenditure incurred by political parties/candidates for advertising on their platforms.

♤ Social media platforms must work with the Election Commission to evolve a mechanism by which it can flag content violating electoral law and social media sites can take it down as soon as possible.

Provisions related to the Model Code of Conduct: The Committee recommended that

♤ Political parties should release their manifesto at least 72 hours before voting ends in the first phase of polls.