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NaMo TV Will Have to Follow Silence Period as Per Election Law: EC

The silence period refers to the 48-hour period ahead of every phase of voting which began on Tuesday evening.

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NaMo TV, sponsored by the BJP, cannot display 'election matter' during the silence period prescribed in the electoral law in a particular phase of polling, the Election Commission has concluded, reported PTI.

The ‘silence period’ refers to the 48-hour period ahead of every phase of voting, which ahead of the 18 April polling, began on Tuesday evening.

The EC has also told the Delhi Chief Election Officer (CEO) that all expenditure on programmes and advertisements on NaMo TV needed to be identified appropriately and attributed to candidates or political parties, reported The Indian Express.

The EC has now asked the CEO of Delhi to ensure that its directions are followed in each of the remaining six phases of the ongoing Lok Sabha elections, the PTI report said.

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48-Hour Silence Period

The directions were issued to the Delhi CEO as he is the nodal officer to pre-certify political content in TV channels and similar platforms that are beamed nationally. He has also been provided with a committee specifically for the purpose, a source aware of the development said to The Indian Express.

Within hours of receiving the notification from the EC, a direction to comply with Section 126 (i) (b) of the Representation of the People Act, 1951 was sent to the BJP, the Indian Express report said.

Section 126 of the Representation of the People Act “prohibits” display of any “election matter” by means of “cinematograph, television or other similar apparatus,” 48 hours before the hour fixed for conclusion of poll in a particular constituency.

This phase is called the 'silence period' as it allows a voter to make up his or her mind on whom to vote for without being influenced by political campaigning. Section 126 is not applicable on the print media.

The direction, sources said, was issued to bring clarity on the applicability of 'silence period' on NaMo TV.

With regards to live coverage in an area where campaigning is in progress, prohibition under Section 126 relates only to a “direct reference” to a constituency or candidate which is in the 48-hour period, an official told The Indian Express on condition of anonymity.

Any pre-recorded content cannot be streamed for 48 hours before the polling date, reported ANI. State Chief Election Commissioners (CEC) have been informed to observe this strictly.
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Controversy Over NaMo TV

On Thursday last week, the EC had concluded that since NaMo TV is sponsored by the BJP, all recorded programmes displayed on the platform should be pre-certified by media certification and monitoring committee of Delhi, and all political publicity contents being displayed without pre-certification should be removed immediately.

After the Congress filed a complaint with the poll panel about the channel disturbing the level playing field, the EC had asked the Delhi CEO to file a report on the issue.

Earlier, the Ministry of Information and Broadcasting told the poll panel that it was an advertising platform that did not require a license from the ministry.

The Delhi CEO had approved the logo of NaMo TV, which the BJP said is part of the NaMo App that it owns, but did not "certify" the content as it contained the old speeches of Prime Minister Narendra Modi.

"It has been brought to the notice of the commission that NaMo TV/content TV is a platform service offered by DTH operators to the BJP on a paid basis, and any political publicity material or contents being displayed on electronic media without the requisite certification from competent authority (MCMC in this ease) should be removed immediately and any political content shall only be permitted strictly in accordance with the EC's instructions in this regard," the 11 April directive of the EC read.

(With inputs from ANI, PTI and The Indian Express.)

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