Fact Check: Government can’t punish people for political posts during elections; viral message is fake

Hyderabad: In the backdrop of ECI recently releasing the schedule for the general elections 2024, which will begin from April 19 to June 1, a Facebook message has gone viral which warns people that the government is strictly monitoring social media platforms and will prosecute any individual who posts anything against a political party.

With the ECI announcement on March 16, the Model Code of Conduct (MCC) has come into effect which lays out certain dos and don’ts for parties and political leaders.

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The viral message reads, “This is to inform all the Members in the group that from today, after the Dates of Elections to Lok Sabha is announced, Code of Conduct will come into force and the Ministry will be monitoring all Whatsapp, Facebook, Twitter, linkedin, YouTube, Instagram, Pinterest etc and whoever posts anything against the Government or Political Party or against any Eminent Persons will be liable for prosecution. You are requested not to make any Derogatory Statements or Posts, including any politically motivated Posts. Hence you are requested not to circulate or Post any such posts. (sic)”

Fact Check

NewsMeter found that the claim is false as the MCC does not prohibit individuals from posting anything against a political party on social media.

We first analyzed the Model Code of Conduct released by the Election Commission of India on its website. The guidelines are divided into seven sections – General Conduct, Meetings, Processions, Polling Days, Polling Booths, Party in Power and Guidelines on Election Manifestoes.

None of the guidelines in the sections were intended for individual voters or the general public who are not election candidates or political leaders and cadres affiliated with a political party. The ECI doesn’t warn any individual of legal action for posting anything ‘against the Government or Political Party or against any Eminent Persons’ as mentioned in the viral post.

However, making ‘derogatory’ posts against political leaders and parties to falsely show someone in a bad light has always attracted penalties under the law. But these are different from ‘politically motivated posts.’

This can be further understood through a report in The Times of India titled “Myth Vs Reality’s project to be launched to counter fake news, misinformation during Lok Sabha polls: ECI Chief” published on March 16, 2024.

According to the report, explaining the objective of the government’s project during the 2024 Lok Sabha polls, Chief Election Commissioner Rajiv Kumar said, “Misinformation troubles us a lot during elections. We are conscious of two facts – that social media helps us in our outreach programs and there is the freedom to criticize anybody in a democracy. But one cannot be allowed to create fake news, which is not based on facts because it can disturb public order."

He added that the state authorities can request the removal of false social media posts under sections 69 and 79 of the IT Act.

Hence, we conclude that the message warning people not to make political posts on social media during MCC is fake.