In the Age of Social Media, Gagging Impinges on the Right to Freedom of Expression!

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  • By now, the power, reach, and impactful outcome of information technology-driven digital outreach has enlightened the global community in several ways. The power of the digital medium needs no further elaboration but suffice it to say that it is ubiquitous and will remain an integral part of our lives. The digital medium has been embraced by the government as well as citizens wholeheartedly to ensure the fastest means of providing/receiving social welfare measures are unhindered and free of human interference. Insofar as the dissemination of information is concerned, there is no better way than to adopt the social media platforms that have revolutionized unimaginably over the last few years.

PC: Freepik

  • With the increasing penetration of the internet stretching its presence to the nook and corner of the country, social media platforms have assumed an extremely important role in literally every field of information accessibility for their ease and means. Yes, there are efforts afoot to introduce gags by the authorities wherever social media platforms are found circulating fake news. You see, every bit of information made available on social media platforms is not authentic. However, muffling efforts by the authorities too go against the tenet of the right to freedom of expression. Of course, striking a fine balance is the need of the hour. Against this backdrop, the Election Commission of India’s notices to mainstream political parties appears uncalled for.
  • The notices were served to representatives of the BJP, Congress, and CPM for their tweets on February 16, polling day in the Tripura assembly elections, and also the day before. EC’s notice to the political parties says that the tweets violate parts of Section 126 of the Representation of the People’s Act, 1951, the overarching law governing the conduct of elections. It prohibits electioneering 48 hours ahead of polling. The aim’s to allow voters to decide without being prejudiced by last-minute appeals. Notably, Australia has a similar provision called the blackout period. Both these periods are impossible to enforce in the age of social media and rapidly evolving communications technology. EC has formed a committee to look into this development.

PC: Freepik

  • As reported, the committee’s suggestions made four years ago were largely in the nature of exhortations. But as EC’s most recent notices show, the appeals for fair play don’t work in a competitive political arena. So it’s time Parliament took the practical step of getting rid of the cooling-off period. Retaining the cooling-off period may end up undermining EC’s credibility. This hard-won credibility rests on its track record of conducting complex multi-phase elections in the world’s largest democracy. Ensuring it retains focus on its core responsibility is the best way to help EC. Saddling it with impossible tasks such as choking every form of political campaigning at the tail end, especially in multi-phase elections makes no sense. Trust the people for a change.