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Journalism of Courage
The I&B Ministry tossed the issue of surrogate ads back to the Election Commission, asking it to decide the fate of ‘‘these advertisements’’ as they are ‘‘being aired in the context of ensuing elections’’.
The issue has been shuttling between the EC and the I&M Ministry since February. On March 27, acting on a Congress complaint against ‘‘slanderous’’ surrogate ads issued by Kamakshi Education Society, the EC had shot off a letter asking the ministry to ‘‘take appropriate action’’ under Rule 7 of the Cable TV Networks (Regulations) Act, 1995, and report by 5 pm today.
The I&B Ministry replied, saying it is upto the EC ‘‘to consider regulating these ads under the model code of conduct’’ as these ads are ‘‘clearly being aired in the context of the ensuing elections’’.
Commission’s spokesperson A.N. Jha had indicated that the EC’s directive amounted to a prohibition on such ads and had read out relevant portions of the Cable TV Network Rules which gives power to the Centre to ‘‘regulate’’ and ‘‘prohibit’’ offensive ads.
However, the Government’s Advertising Committee — which met this morning at the ministry’s behest — found the concerned ad is of a ‘‘political’’ nature. Citing the Andhra High Court’s recent interim order which struck down Rule 7 (3) which deals with political/religious ads (of the Cable Act), the ministry washed hands of the issue.
In the meeting, ‘‘the committee noted that the provisions of Rule 7 related to advertisments for goods and services being broadcast on the electronic media’’ and not political ads.
The Ad Committee meeting also points out to anti-Vajpayee ads by Saajhi Viraasat Trust broadcast by one news channel.
Responding to the letter, the EC officials said: ‘‘The EC is consulting its legal counsel on whether the concerned Act only relates to commercial ads or any ads which violate decency by misusing archival footage on national leaders for personalised attacks.’’
While the ministry may not have spelt out its action on a particular surrogate commercial, the Indian Broadcasting Foundation (IBF), with major broadcasters under its umbrella, made the ministry’s job easy by voluntarily refraining from showing ads targeting political personalities.
IBF’s N.P. Nawani said his members have assured that they would not consider ads from trusts, political parties/candidates which contain personal attack on leaders of any political party.
‘‘Political ads are anyway banned by the EC, so the question of codes for the ads does not arise,’’ a ministry source said.
Strangely, the Commercial Code clearly states: ‘‘No advertising should exploit the national emblem, or any part of the Constitution or the person or personality of a national leader or a stated dignitary.’’
