A viral message on WhatsApp and Facebook claiming that the government is monitoring social media platforms to prosecute users posting against political parties or candidates is false.
BOOM found that the Model Code of Conduct (MCC) released by the Election Commission of India (ECI) applies to political parties and candidates, and does not include prosecuting social media users for their posts.
On March 16, 2024, The ECI released the schedule for the general elections that will begin on April 19 and end on June 1. Counting of polls will be done on June 4. Chief Election Commissioner Rajiv Kumar revealed that the number of eligible voters in the country this year were 96.8 crore, voting across 12 lakh polling stations.
The viral message claims that users on WhatsApp and social media applications like Facebook, Instagram, LinkedIn, etc., will be prosecuted if they do not follow the code of conduct and engage in posting content against political parties, the government, or other "eminent persons".
A post on X carrying the full text 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. Members are requested to be cautious."
Click here to view the post and here and here for an archive.
FACT CHECK
BOOM found that the Model Code of Conduct implemented by the ECI applies to political parties and leaders and does not include taking legal action against social media users for their political posts.
We ran a keyword search for the code of conduct released ahead of elections, and found a notice on the ECI website titled 'Model Code of Conduct for the Guidance of Political Parties and Candidates.'
The notice details the general conduct expected of parties and candidates during meetings, processions, polling days, and includes a special set of instructions for the government in power. It does not carry any instructions for citizens or their social media activity, nor does it indicate any type of prosecuting.
We also found an article published by The Indian Express on March 17, 2024 that explained the MCC and stated that it came into effect following the ECI's announcement of the polling schedule.
This report also does not carry any details similar to the viral claim and instead states that the MCC "is a set of guidelines issued to regulate political parties and candidates prior to elections."
It is noteworthy that during the press conference on March 16, CEC Rajiv Kumar spoke about the importance of combating election-related misinformation on social media and announced the 'Myth vs Reality' project. Under this project, state officials who monitor social media will have the right to remove false and misleading posts on social media under sections 69 and 73 (b) of the Information Technology Act, 2000.
This project too, refers specifically to false posts and not all social media posts as claimed in the viral message. "We have put certain measures in place to ensure misinformation is nipped in the bud. We will be proactive in debunking fake news. Originators of fake news will be dealt with severely as per extant laws," Kumar said.
