EC Needs A Smart Focus – Cooling-off periods are impractical in social media age

Source: The post is based on the article “EC Needs A Smart Focus – Cooling-off periods are impractical in social media age” published in The Times of India on 18th February 2023.

Syllabus: GS 2 – Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Relevance: About cooling-off periods before polls.

News: The Election Commission has issued notices to representatives of political parties for their controversial tweets during the polling day and the day before the Tripura assembly election.

What is the reason behind the Election Commission’s notice?

The EC notice says that the tweets violate parts of Section 126 of the Representation of the People Act, 1951. The Act prohibits electioneering 48 hours ahead of polling. The aim is to allow voters to decide without being “prejudiced” by last-minute appeals.

What are the challenges in enforcing cooling-off periods before polls?

The restriction on electioneering before polls are impossible to enforce in the age of social media and rapidly evolving communications technology.

EC fEC Needs A Smart Focus – Cooling-off periods are impractical in social media ageed a committee four years ago to look into the issue. But the committee’s suggestions were largely in the nature of exhortations.

Note: Australia has a similar provision called the blackout period. Australia also has issues in enforcing the blackout period and different media platforms are mentioning the blackout period as unfair. 

What should be done to address the challenges in cooling-off periods before polls?

EC’s credibility lies in conducting complex multiphase elections in the world’s largest democracy. In such a scenario, retaining the cooling-off period may end up undermining EC’s credibility.

Hence, Parliament needs to trust the maturity of voters and should get rid of the cooling-off period. This will help EC to focus on its core responsibility of conducting elections.