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LATEST NEWS UPDATES | Election Commission can't regulate content of media article, says High Court -Anubhuti Vishnoi

Election Commission can't regulate content of media article, says High Court -Anubhuti Vishnoi

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published Published on May 28, 2018   modified Modified on May 28, 2018
-The Economic Times

NEW DELHI: Dealing a second blow to the Election Commission’s position on an issue in less than six months, the Delhi High Court has last week set aside the EC order disqualifying BJP’s Cabinet minister in Madhya Pradesh Narottam Mishra, on grounds of paid news.

The latest HC order could draw a red line for the EC on the subject of ‘paid news’ as it says that the Commission’s remit is limited to election expenditure incurred by a candidate and not content of speech.

“Election Commission’s remit cannot ordinarily extend to judging content of speech; it is only to adjudge whether the election expenses incurred by the candidate or someone on her or his behalf, under her or his authority have been accounted under Section 77,” said the Delhi HC’s May 18 order.

The order has set aside both — the EC order disqualifying Mishra for three years and the single Judge order upholding it. Stating that the two had “erred” in interpreting a range of rules, the Delhi HC order says that “the content of a media article, or a news feature or series of features on particular candidates should ordinarily not be regulated indirectly through the directives of EC; there essentially fall within the domain of free speech”.

The order further argues that “any indirect control would impact a citizen’s right to free speech and expression” and such indirect control would “chill the right and freeze all debates-essential to democracy”.

It also observes that conclusion of tribunals or courts looking at electoral reforms are to be based on facts “established by evidence” and “assumption based stimulative decisions are to be avoided”.

PAID NEWS

The HC order comes at a time when the EC has identified paid news as a major challenge to conducting of free and fair elections. It was also banking considerably on the Narottam Mishra case to take its fight against ‘paid news’ a step ahead as it feels that this particular case was an instance where the entire local machinery appeared to work in concert.

There were 15 such cases in the just concluded assembly elections in Karnataka and all of them were ultimately acknowledged by the political parties in question and accordingly added to the candidate’s electoral expenditure, sources in EC said.

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The Economic Times, 21 May, 2018, https://economictimes.indiatimes.com/news/politics-and-nation/election-commission-cant-regulate-content-of-media-article-says-high-court/articleshow/64250886.cms?utm_


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