The Supreme Court today ruled that all political advertisements in the electronic media would have to get a clean chit from the Election Commission or the Chief Electoral Officers in the respective states before they are telecast.
In its set of guidelines to stop ‘‘offensive and slanderous’’ surrogate advertisements during electioneering — framed in consultation with Attorney General Soli Sorabjee and EC counsel K K Venugopal — the SC named the EC as the sole authority to vet the ‘‘cleanliness’’ of the ads. Today’s ruling follows the SC order on April 2 banning all ‘‘offensive’’ political ads on the electronic media.
The Bench, comprising Chief Justice V N Khare, Justice S B Sinha and Justice S H Kapadia, also stayed the orders of the Andhra Pradesh High Court suspending Rule 7 (3) of the Cable TV Network Rules.
The EC has been empowered to seize the equipment of any TV channel or Cable TV network if they telecast ads which do not conform with the guidelines, or which the EC has not cleared for telecast. The SC’s guidelines shall be in operation from April 16 to May 10.
For the first phase of the polls scheduled for April 20, the transcript or content of the ads will have to be submitted to the EC for clearance two days before the proposed telecast. For the remaining phases, they will have to be submitted at least three days before.
To bring in accountability, the Bench also ruled that all payments to the TV channels or Cable TV networks would have to be made through cheques or demand drafts. In addition, all parties and candidates who want to telecast the ads will have to submit on affidavit the details of the cost of production of the ad, and whether it is for a party or an individual candidate. If it is being footed by any trust or a third party, it should clearly state whether it was funded by any party or whether it is for the benefit of a candidate.
The Bench has authorised the EC to appoint state-level sub-committees to monitor the ads. Any complaints can only be addressed to the apex court. Moreover, the telecast of the ads has to end 48 hours before the date of polling.