Now, it is high time to question the effectiveness of the Model Code of Conduct (MCC), which the Election Commission (EC) established to ensure free and fair elections in India. Before questioning the effectiveness of the model code of conduct, let’s understand what Section 126 of the Representation of People Act, 1951
This act prohibits the dissemination of election-related content through television or similar mediums during the 48-hour silence period preceding the conclusion of polls.
(a)No person shall convene, hold, attend, join or address any public meeting or procession in connection with an election
(b) Display to the public any election matter by means of cinematograph, television or other similar apparatus. The EC has explicitly stated that “similar apparatus” includes social media platforms.
(c)No person shall propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
Now, any person who contravenes the provisions of the sub-section shall be punishable with imprisonment for a term which may extend to two years, with a fine, or with both.
In this section, the expression “election matter” means any matter intended or calculated to influence or affect the result of an election. However, despite these regulations, a study conducted by CSDS-Lokniti has revealed significant expenditures by political parties on social media advertising during the silence period.
According to The Hindu, between April 17 and 19, 2024, the Bharatiya Janata Party (BJP) posted 60,500 advertisements on Google and 6,808 on Meta platforms, while the Congress posted 1,882 and 114 ads, respectively. This revelation is noteworthy considering India’s internet penetration, which exceeds 50%.
Among the total ads posted on Google during this period, a random selection of 500 ads was analyzed, revealing that 64 BJP ads and 32 Congress ads were specifically targeted at states or constituencies participating in the first phase of elections.
Particularly concerning was the discovery that 13 out of every 50 BJP ads aired during the silence period were targeted at constituencies voting in the initial phase.
This data highlights the deliberate placement and targeting of political advertisements during pivotal stages of the electoral cycle. While Congress directed its ads towards entire states participating in the initial phase of elections, only Haldwani in the Nainital constituency of Uttarakhand received specific micro-targeted ads during the period of campaign silence.
The Strategy of Geotargeting
During the period of campaign silence, the BJP’s digital campaign demonstrated a high level of precision in location-based targeting, as evidenced by its focus on specific areas such as a panchayat in Baghpat, Uttar Pradesh, and Belthangadi in Karnataka.
The party also directed a significant number of advertisements towards the Nagina constituency in Uttar Pradesh, recognizing the historical significance of the Muslim-Scheduled Caste combination in securing victories there. However, the northeastern region received minimal attention during this period.
In contrast, the Congress opted not to target specific constituencies, with 42% of its ads excluding poll-bound areas from targeted states during the first phase of elections. Constituencies in Rajasthan, Assam, Bihar, and Chhattisgarh that voted on April 19 were excluded from Congress ads in these states.
Similarly, in Madhya Pradesh, all poll-bound constituencies except Sidhi were excluded. Unlike the BJP, the Congress maintained a strong presence across Manipur, with a significant portion of its targeted ads addressing various themes during the analysis period.
It Does not end here. The political parties have also used Meta for their campaign
During the initial phase of the election, both the BJP and Congress ran ad campaigns on meta platforms, which include Instagram and Facebook. Unlike Google ads, the ads on meta platforms were not specific to pin codes but targeted entire states.
Out of the 6,808 ads posted by the BJP during this period, many were circulated in multiple states. The Congress, which posted 114 ads during the same timeframe, primarily targeted Tamil Nadu, Chhattisgarh, and Uttar Pradesh. This data sheds light on the advertising strategies employed by the two major parties on Meta platforms during the official silence period for the first phase of the election.
Political advertisements were observed in 11 states and union territories preceding the first phase of elections, with certain states being heavily targeted. The BJP has maintained a significant lead in the sheer volume of advertisements posted.
Moreover, their campaign appears more diverse than that of Congress, which is evident from the multiple languages used in their ads. While the BJP utilized over seven languages in their advertisements, the Congress predominantly used only three.
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This situation raises questions about the enforcement of electoral laws, particularly in the digital realm. Despite regulations prohibiting political campaigning during the silence period, parties have found ways to circumvent these restrictions through social media platforms. Such actions undermine the spirit of fair elections and challenge the integrity of the electoral process.
The findings of this study underscore the need for more stringent enforcement of electoral laws, particularly concerning social media campaigning. The Election Commission must take proactive measures to monitor and regulate political activities on digital platforms to ensure a level playing field for all parties.
Additionally, there is a growing call for greater transparency regarding political advertising expenditures on social media. Clear guidelines and stricter penalties for violations of electoral laws during the silence period are essential to uphold the democratic principles of free and fair elections in India.
Is there a need for the Election Commission to increase its scrutiny of political parties regarding violations of the model code of conduct?
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