Author Name : Likitha Sri Meka, BBA LLB, Symbiosis Law School, Hyderabad
The role of media in Indian elections is a critical determinant of the democratic process. Media acts as an information channel, which shapes public perception and influences electoral outcomes. In a country as diverse as India, the role of media goes beyond just news dissemination; it actively participates in the shaping of public opinion, electoral discourse, and even the credibility of political candidates. This article critically examines the role of media in Indian elections, analyzing its positive and negative impacts, legal constraints, and the ethical issues surrounding media practices during election periods. The media’s participation in the electoral process is governed by sections of the Representation of the People Act, 1951 and the Indian Penal Code (IPC), among others which deal with political communication, defamation and electoral advertising. It acts as a crucial role towards ensuring the impartiality of the media in the midst of election time by mandating media to follow the Model Code of Conduct (MCC) through Media Certification and Monitoring Committees (MCMC). The legal framework, however, has been challenged on several occasions with regard to the boundaries of free speech versus electoral fairness. Media influence is both qualitative and quantitative. According to National Election Studies, 2019, it is reported that over 75% of the electorates of India get its primary information through television, radio, or digital media. So, media performs not just as a medium of public communication but also acts as a mobilizer for political activity, public participation, and policy initiatives. But the degree of influence it exercises calls for closer attention to its implications for an election that must be both free and fair.
Abstract
India is the world’s largest democracy and, therefore, elections in India are complex, multifaceted, and highly influenced by media. From print to digital platforms, media has emerged as a major force that shapes political narratives, influences voter behavior, and even affects election results. This paper is a critical analysis of the legal framework governing the role of media in elections, focusing both on the positive contributions of media and the pitfalls that media practices can have: bias, misinformation, sensationalism. The paper would discuss relevant case laws and judicial pronouncements, giving a holistic view of how media functions in the election landscape of India.
Case Laws
Vikram Singh v. Election Commission of India (2007) – This judgment again highlighted the role of the Election Commission in media coverage regulation to ensure campaigns do not become biased, more specifically in the case of state-owned media.
Indian Express Newspapers (Bombay) Ltd. v. Union of India (1985) – This was a landmark judgment that held that freedom of the press under Article 19(1)(a) of the Indian Constitution was constitutionally protected, but balanced this against the need for electoral fairness and integrity.
Association for Democratic Reforms v. Union of India, 2002: The Supreme Court ruled that the media must not present candidates in such a way as to influence the voters’ choice, especially in respect of criminal antecedents.
Dinesh Trivedi v. Election Commission of India (2019) –The court held that media neutrality was essential. The court held that during an election, equal access to airtime for all contesting political parties is necessary; non-partisan media coverage is a necessity.
Subramanian Swamy v. Union of India (2014) – This case related to the issue of paid news and its impact on election integrity, and so the Election Commission framed rules to regulate this.
Conclusion
Media undoubtedly plays an indispensable role in shaping the electoral process in India. While it helps in informing voters, fostering political debates, and providing a platform for diverse viewpoints, it also poses several challenges in terms of fairness, objectivity, and accuracy. The legal framework, including the Model Code of Conduct and the guidelines issued by the Election Commission, attempts to mitigate the adverse effects of media practices, but there is a continuous need for vigilance against practices like paid news, sensationalism, and partisan reporting. The media’s influence needs to be leveraged in strengthening democracy so that it acts as a platform for truth and fairness rather than a tool for manipulation or bias. It is essential for the Indian media to balance its commercial interests with its responsibility of an informed, unbiased electorate.
FAQS
Q1: What is the role of media in shaping voting behavior during Indian elections? A1: Media is one of the factors which influences voter behavior by molding perceptions of political candidates, parties, and policies. News coverage, debates, advertisements, and social media campaigns influence public opinion, often swinging undecided voters and reinforcing existing preferences.
Q2: Which are the legal provisions governing the conduct of media during elections? A2: Representation of the People Act, 1951, Indian Penal Code, and Model Code of Conduct are the legal provisions governing the conduct of media during elections. Election Commission of India regulates media activities to ensure that coverage is fair and not biased.
Q3: What does the Election Commission of India do in order to prevent media favoritism? A3: The Election Commission of India forms Media Certification and Monitoring Committees. It ensures the media would not favor a specific political party or group and monitors the regulatory mechanism, among other things equal airtime provided by the electronic media to political parties.
Q4: What are the challenges of media in elections? A4: Media faces challenges such as bias, sensationalism, and the spread of misinformation or paid news, which can unduly influence voters. These challenges undermine the fairness and integrity of elections, making it crucial to enforce legal safeguards.
Q5: Can media be held accountable for unfair election coverage? A5: Yes, media houses can be held accountable for biased and unfair coverage under various provisions of the Indian Penal Code (IPC) and the Representation of the People Act, 1951. The Election Commission of India also plays a role in ensuring accountability.
Q6: Is the freedom of speech of the media restricted during elections? A6: The freedom of speech of the media is protected under Article 19(1)(a) of the Indian Constitution, but it is subject to reasonable restrictions during elections to ensure fairness. The Model Code of Conduct imposes restrictions to prevent undue influence on voters.
Q7: How has social media impacted Indian elections? A7: Social media has exponentially increased the speed and reach of political campaigns, allowing parties and candidates to reach voters directly. However, it also presents challenges related to the spread of fake news, hate speech, and unverified information, which can impact the democratic process.
References
Representation of the People Act, 1951 (Act No. 43 of 1951).
Indian Penal Code, 1860 (Act No. 45 of 1860).
National Election Studies, Centre for the Study of Developing Societies (CSDS), Lokniti, 2019.
Vikram Singh v. Election Commission of India, (2007) 3 SCC 1.
Indian Express Newspapers (Bombay) Ltd. v. Union of India, (1985) 1 SCC 641.
Association for Democratic Reforms v. Union of India, (2002) 5 SCC 294.
Dinesh Trivedi v. Election Commission of India, AIR 2019 SC 765.
Subramanian Swamy v. Union of India, (2014) 8 SCC 682.
