Table of Contents
THE CONTEXT: The rise of third-party advertisers in global democracies, including India, has raised significant concerns about the integrity of electoral processes. Despite existing regulations, these actors operate with impunity, disseminating inflammatory content and influencing public opinion. This study by Lokniti-CSDS delves into the problematic themes in third-party ads on platforms like Meta, revealing the urgent need for robust regulatory reforms.
ISSUES:
- Prevalence of Problematic Content: Approximately 11% of ads by the seven analyzed third-party advertisers contained Islamophobic undertones. Around 56% of the ads disseminated misinformation or propaganda against opposition parties. Nearly 10% of the ads contained derogatory comments or defamatory statements targeting political parties or candidates.
- Significant Expenditure and Reach: The three identified themes (Islamophobic, anti-opposition, and derogatory/defamatory) had expenditures exceeding ₹100K. The analyzed ads on these themes collectively garnered more than one million impressions.
- Demographic Targeting: Islamophobic content was predominantly consumed by the 18-34 age group, with the highest consumption in the 18-24 age bracket. Uttar Pradesh, Gujarat, Rajasthan, and Madhya Pradesh were the states with the highest consumption of such content.
- Legal and Regulatory Loopholes: The Handbook on Media Matters for CEOs and DEOs presents contradictory regulations regarding political advertisements by third parties. The Model Code of Conduct (MCC) and Section 123 of the Representation of the People Act, 1951, do not explicitly regulate content posted by third parties, creating a legal gap.
- Systemic Failure to Address Third-Party Content: Despite the Election Commission’s directives to remove inciting content posted by parties or candidates, no such action has been taken against third-party advertisers. This failure allows third-party advertisers to operate with impunity, disseminating harmful content without accountability.
- Impact on Electoral Integrity: Third-party advertisers’ unchecked proliferation of inflammatory content undermines the integrity of the electoral process. The lack of robust regulation and accountability for third-party advertisers perpetuates misinformation and divisiveness in electoral discourse.
THE WAY FORWARD:
- Enhanced Transparency and Disclosure Requirements: Amend existing electoral laws to include these transparency requirements. Establish a centralized public database where all political ads and their details are recorded and accessible. The new EU regulation on transparency and targeting of political advertising mandates that political ads must include a transparency label and notice, providing critical information about the sponsor, the amount paid, and targeting techniques used. The Honest Ads Act requires digital platforms to maintain a public file of all political ads, including information about the purchaser and the targeted audience.
- Strict Regulation and Monitoring of Third-Party Advertisers: Introduce specific regulations for third-party advertisers, including mandatory pre-certification of political ads by an independent body, such as the Media Certification and Monitoring Committee (MCMC). The Electoral Commission oversees political advertising in the United Kingdom and requires pre-approval for all political ads to ensure compliance with legal standards. The Canada Elections Act requires third-party advertisers to register with Elections Canada and report their spending and funding sources.
- Enhanced Digital Platform Accountability: Mandate digital platforms to implement robust mechanisms for identifying and removing harmful political content, including misinformation and hate speech, and to cooperate with regulatory authorities. In Germany, The Network Enforcement Act (NetzDG) requires social media platforms to remove illegal content within 24 hours of notification and to report on their content moderation efforts. European Union’s Digital Services Act (DSA) imposes obligations on platforms to ensure transparency and accountability in their content moderation practices.
- Public Awareness and Media Literacy Campaigns: Launch comprehensive public awareness and media literacy campaigns to educate citizens about the risks of misinformation and the importance of critically evaluating political content. The Finnish government has implemented extensive media literacy programs in schools and public campaigns to combat misinformation and promote critical thinking. The Australian Electoral Commission runs public awareness campaigns to educate voters about the electoral process and the importance of informed decision-making.
- Strengthened Legal Framework and Enforcement Mechanisms: Revise and strengthen the legal framework governing political advertising to close existing loopholes and ensure robust enforcement mechanisms are in place. The French Electoral Code includes strict regulations on political advertising, including spending limits and transparency requirements, enforced by the National Commission for Campaign Accounts and Political Financing (CNCCFP). Ireland’s Electoral Act mandates transparency in political advertising and imposes penalties for violations. The Standards in Public Office Commission (SIPO) enforces the act.
THE CONCLUSION:
The findings underscore the critical need for legal and regulatory reforms to address the unchecked influence of third-party advertisers in India’s political landscape. The current framework’s ambiguities and loopholes allow these actors to perpetuate misinformation and divisiveness, undermining the democratic process. Ensuring transparency, accountability, and integrity in political advertising safeguards the electoral process from undue manipulation.
UPSC PAST YEAR QUESTION:
Q. Discuss the role of the Election Commission of India, considering the evolution of the Model Code of Conduct. 2022
MAINS PRACTICE QUESTION:
Q. Discuss the potential reforms required in the Representation of the People Act, 1951, and the Model Code of Conduct to address the challenges posed by third-party political advertising in the digital age.
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