Election Commission of India Invokes Powers Under Article 324 To Prohibit Display or Exhibit Any Biopic or Publicity Material During MCC Period:
In a recent press release as on 10th of April 2019, The Election Commission of India issued an order prohibiting display in electronic media including cinematograph of any biopic or publicity material in the nature of biography/hagiography sub-serving the purposes of any political entity or any individual entity connected to it.
In the said order the Election Commission of India has stated that it has received complaints about certain cinemas namely ‘NTR Laxmi’, ‘PM Narendra Mode’, and ‘Udyama Simham’, which are claimed to either, diminish or advance the electoral prospect of a candidate or a political party in the grab of creative freedom. It is claimed that such creative contents are a kind of surrogate publicity by the candidate or the political party during the period of MCC.
The Hon’ble Supreme Court of India in Secretary, Ministry of Information and Broadcasting vs. M/s Gemini TV (2004) 5 SCC 714, observed that such ‘Political Contents’ poses a serious threat to the level playing field as it may create an impression of truthfulness of such content being shown through TV/Cinema/Internet-based entertainment programs/social media.