The Election Commission is caught in a peculiar situation with the Andhra Pradesh High Court, in an interim order, suspending Rule 7(3) of the Cable Network Regulation Act, 1995 that bars political advertisements in the electronic media.Reacting to the HC order, EC spokesperson and Deputy Election Commissioner A.N. Jha said the commission is awaiting a copy of the order and will decide the next course of action only after studying it thoroughly.What has made matters worse for the EC is the fact that the ‘advertising code’ of the Cable Network Regulation Act 1995 passed by Parliament — applicable at all times — prohibits advertisements of political and religious nature, but is not related to elections as such. Just as it prohibits advertisements that derides any race/caste/creed or anything that incites violence, the Act states: ‘‘No advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end.’’While Gemini Television Network had filed a petition in the wake of a circular sent by the EC to the government, drawing attention to the provision of the Act and asking it to implement it, sources in the EC said: ‘‘Parliament and the government should decide the next course of action. How do we come into the picture? It is not related to elections, the issue addresses basic tenets of the Constitution. Besides, Andhra HC had put a stay on the EC’s directive banning political advertisement during the polls way back in Nov 2003.’’It was in February this year that the EC discovered this particular provision of the Act. In fact, it was brought to the EC’s notice by the Law Ministry, which directed the government to find ways to implement it. ‘‘The idea is to also provide a level playing ground for all political parties. Not all of them can afford ads on prime time TV,’’ the sources in the EC said.However, both political parties and TV networks have been crying foul about the revenue lost in the process and saying ‘‘the right of the public to know’’ has been denied.With the campaign pitch rising, the ball seems to have landed in the EC’s court again. ‘‘But it is not entirely under our purview. However, the SC may have to sort out the matter,’’ a source in the EC said.For the broadcasters who charge anywhere between Rs 10,000 and above for a 30-second political commercial, the order could not have come at a more appropriate time. TV advertisements, broadcasters say, reach out to a wider audience whereas print ads target only the literate few. Simply put, they add, print media is restricted to the local audience while television reaches out to the widest audience possible.A Congress leader said, ‘‘The Congress has been in favour of advertising that is not personal and slanderous and which follows the programme code prescribed by the electronic media.’’ The BJP, meanwhile, said it will wait for a clear directive from the EC.
