I&B Ministry
EC issues detailed guidelines for forthcoming state assembly polls
NEW DELHI: Even as the Model Code has come into effect for the elections to the Jharkhand and Jammu and Kashmir assemblies, the Election Commission today prohibited conduct of Exit poll and dissemination of their results during the period mentioned therein, that is, from the hour fixed for commencement of polls in the first phase and half hour after the time fixed for close of poll for the last phase in all the States.
The directive was issued under Section 126A of the Representation of Peoples Act 1951 and Section 133 A of the J&K R.P. Act, 1957.
The Commission reiterated that the TV/Radio channels and cable networks should ensure that the contents of the programme telecast/broadcast/displayed by them during the period of 48 hours referred to in Section 126 of R.P. Act 1951 and Section 133 of J&K R.P. Act, 1957 do not contain any material, including views/appeals by panelists/participants that may be construed as promoting/prejudicing the prospect of any particular party or candidate(s) or influencing/affecting the result of the election. This among other things includes display of results of any opinion poll and of standard debates, analysis, visuals and sound-bytes.
At the outset, the Commission said there are sometimes allegations of violation of the provisions of Section 126 of the RP Act 1951 by TV channels in the telecast of their panel discussions/debates and other news and current affairs programmes. The Commission said it has clarified in the past that Section 126 prohibits displaying any election matter by means of television or similar apparatus during the period of 48 hours ending with the hour fixed for conclusion of poll in a constituency.
“Election matter” has been defined in that Section as any matter intended or calculated to influence or affect the result of an election. Violation of the aforesaid provisions of Section 126 is punishable with imprisonment upto a period of two years, or with fine or both.
During the period not covered by Section 126 or Section 126A, of R.P. Act, 1951 and Section 133 and 133 A of J&K R.P. Act 1957 concerned TV/Radio/Cable/FM channels are free to approach the state/district/local authorities for necessary permission for conducting any broadcast related events which must also conform to the provisions of the model code of conduct and the programme code laid down by the Information and Broadcasting Ministry under the Cable TV Networks (Regulation) Act 1995 with regard to decency, maintenance of communal harmony, etc. They are also required to stay within the provisions of Commission’s guidelines dated 27 August 2012 regarding paid news and related matters. Concerned Chief Electoral Officer/District Election Officer will take into account all relevant aspects including the law and order situation while extending such permission.
The Commission also drew attention of the media to the guidelines issued by the Press Council of India and the News Broadcasting Standards Authority with regard to elections.
I&B Ministry
MeitY proposes tighter rules for digital platforms and intermediaries
Fresh amendments aim to formalise government directions and expand content oversight.
MUMBAI: When the rulebook gets an upgrade, even the internet might need to sit up and pay attention because India’s digital regulators are clearly not scrolling idly. India’s technology regulators have proposed a fresh set of amendments to the country’s digital media and intermediary liability framework, seeking to expand oversight of online content and formalise the government’s authority to issue binding directions to platforms.
In a notice issued on 30 March, the Ministry of Electronics and Information Technology (MeitY) invited public comments on changes to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The revisions are described as “clarificatory and procedural” but are clearly aimed at strengthening compliance and enforcement.
At the heart of the proposal is a significant shift in how intermediaries, including social media platforms, respond to government advisories. A newly inserted provision would make compliance with official “clarifications, advisories, directions, standard operating procedures and guidelines” a formal part of the due diligence obligations required for platforms to retain legal immunity under Section 79 of the Information Technology Act. This change effectively elevates government communications from guidance to enforceable obligations, tightening the regulatory loop between the state and digital platforms.
The amendments also expand the scope of content oversight under Part III of the rules, which governs digital media ethics. The proposed revisions clarify that the code will apply not only to publishers but also to intermediaries hosting news and current affairs content uploaded by users. This could bring user-generated news content more directly within the ambit of regulatory scrutiny, a move likely to raise questions about platform liability and editorial responsibility.
Further, the government has proposed broadening the mandate of the Inter-Departmental Committee, a key oversight body. The committee would no longer be limited to adjudicating complaints but could also take up matters referred directly by the ministry. This shift signals a more proactive regulatory posture, allowing authorities to initiate reviews without waiting for formal grievances.
The draft builds on an already expansive framework. The existing IT Rules impose detailed due diligence requirements on intermediaries, including obligations to remove unlawful content within tight timelines, maintain grievance redressal systems, and ensure traceability in certain cases. Recent amendments have also introduced provisions addressing synthetically generated content, requiring platforms to label such material and deploy technical measures to prevent misuse.
Officials framed the latest proposals as necessary to ensure an “Open, Safe, Trusted and Accountable Internet,” while improving “legal certainty” and the enforceability of regulatory directions.
Stakeholders have been invited to submit feedback by 14 April, setting the stage for what could become another consequential evolution in India’s digital governance regime.
In the fast-moving world of online content, these tweaks suggest the government is keen to keep the guardrails firmly in place – because when the internet grows wilder, even regulators feel the need to hit refresh on the rulebook.
