New Delhi: The Supreme Court today (Apr 13, 2004) put in place a guideline to stop slanderous and "offensive" political advertisements in electronic media during electioneering and appointed the Election Commission as the sole authority to certify the cleanness of the advertisements.

A three-judge Bench headed by Chief Justice V N Khare said if the Election Commission, while monitoring the cable networks and TV channels across India, came across any infringement of the apex court order, it would be empowered to direct seizure of the equipment of the TV channel or the cable operator showing the illegal advertisement.

Elections 2004-The Drama unfolds...
Political Parties in India

The order shall remain in force from April 16 till May 10.

For the first phase of elections scheduled for April 20, the court said that the political parties, contesting candidates or any other person intending to insert the advertisement in electronic media shall submit the content of the advertisement along with its transcript to the EC or its nominated official for clearance two days before the proposed date of telecast.

For the remaining phases of the elections, the court said that advertisements by political parties and contesting candidates should be submitted to the EC for clearance at least three days before the proposed date of telecast. In case of others, the advertisement has to be submitted seven days before the proposed date of telecast, it said.

The political parties, the contesting candidates or any other persons wanting to insert advertisement in electronic media should give an affidavit to the Election Commissioner stating: (a) Its cost of production, (b) Total cost of advertisement, (c) Whether the advertisement is for a particular party or a candidate, (d) The advertisement issued by persons or a trust has to state whether it was funded by a political party or for the benefit of candidates.

The court made it mandatory for all those intending to insert political advertisement to make payment only through cheques and demand draft and not in cash.

The Bench authorised Election Commission to appoint State level sub-committee to entertain the grievances regarding non-certification of the advertisements by the district magistrate or his nominee, who have been authorised to screen the advertisement.

In case of any grievances against the sub-committee's decision, the aggrieved party could only approach the Supreme Court and no one else, the Bench said.

The court said the provision of Section 126 of the Representation of People's Act prohibiting canvassing 48 hours before the polls would also be applicable to the political advertisement on electronic media.