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ECI mandates pre-certification of political ads on social, electronic media ahead of elections


What Happened

  • The Election Commission of India issued a directive making it mandatory for political parties and candidates to obtain prior certification from the Media Certification and Monitoring Committee (MCMC) before releasing any political advertisement on electronic media — including television, radio, audio-visual displays at public places, e-papers, bulk SMS and voice messages, internet-based media, and social media platforms.
  • The directive was triggered by the announcement of the General Election schedule for the Legislative Assemblies of Assam, Kerala, Puducherry, Tamil Nadu, and West Bengal on March 15, 2026, along with bye-elections in six states.
  • Candidates must apply for certification through district-level MCMCs; recognised political parties headquartered at the state or UT level must approach state-level MCMCs.
  • Candidates are now also required to disclose details of their authentic social media accounts in their nomination affidavits.
  • Political parties must submit a detailed account of campaign expenditure on digital platforms within 75 days of the conclusion of elections, covering online advertisements, payments to internet companies, and content creation costs.
  • MCMCs are tasked with monitoring suspected instances of paid news and AI-generated or deepfake content.

Static Topic Bridges

Media Certification and Monitoring Committee (MCMC)

The MCMC is a statutory mechanism created by the Election Commission of India to regulate political advertising in the electronic and print media during elections. It operates at two levels: district-level MCMCs (for individual candidates) and state-level MCMCs (for recognised political parties). Its mandate includes pre-certification of political advertisements, monitoring paid news, and reviewing campaign expenditure on digital platforms.

The MCMC's pre-certification requirement for electronic media has existed since the early 2000s for television and radio but has progressively been extended to cover newer platforms. The current directive represents the most comprehensive application of the rule — covering internet-based platforms and social media for the first time in a codified manner for state assembly elections.

  • District-level MCMC: certifies advertisements of individual candidates
  • State-level MCMC: certifies advertisements of recognised political parties
  • Mandate: Pre-certification before any political ad is released on electronic/digital media
  • Monitoring scope: paid news, AI-generated content, deepfakes, social media spending
  • Post-election obligation: parties must submit digital campaign expenditure accounts within 75 days of election conclusion
  • Social media disclosure: candidates must declare authentic social media accounts in nomination affidavit

Connection to this news: The ECI's expansion of pre-certification to all internet-based platforms and social media is a direct response to the proliferation of targeted digital advertising, AI-generated content, and the difficulty of tracing funding behind online political campaigns.


Election Commission of India — Constitutional Powers and Enforcement Mechanisms

The ECI is a constitutional body established under Article 324, which grants it plenary powers of superintendence, direction, and control over the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President. Article 324's powers are vast — the Supreme Court has repeatedly held that the ECI may act in areas where the law is silent if necessary to ensure free and fair elections.

The Model Code of Conduct (MCC), which the ECI enforces from the date of election announcement to the conclusion of the election process, is not a statutory instrument — it derives its binding force from the moral authority of the ECI and the implicit threat of enforcement action under the Representation of the People Act, 1951, the Indian Penal Code, and the Code of Criminal Procedure. Over time, the MCC has acquired considerable practical force through strict enforcement. The pre-certification of advertisements is one of the few components of election regulation that has explicit statutory underpinning through provisions in the Representation of the People Act and Cable Television Networks (Regulation) Act.

  • Governing Article: Article 324 of the Constitution — superintendence, direction, control of elections
  • CEC and ECs: appointed by President; CEC removable only like a Supreme Court Judge (Article 324(5))
  • MCC origin: Kerala Assembly elections, 1960; extended nationally from 1962 Lok Sabha elections
  • MCC enforcement period: from date of election announcement to completion of the election process
  • MCC is not legally binding in itself — enforcement leverages RP Act 1951, IPC 1860, and CrPC 1973
  • ECI has residual power to fill gaps in law under Article 324: established in Union of India v. Association for Democratic Reforms (2002)
  • Pre-certification of TV/radio political ads: operational since 2004 Lok Sabha elections; digital platforms now included

Connection to this news: The MCMC directive flows from the ECI's Article 324 powers; extending pre-certification to social media and internet platforms is a legitimate exercise of these residual powers in the face of regulatory gaps in existing electoral law regarding digital advertising.


Electoral Reforms and Digital Campaign Regulation

India's campaign finance framework has struggled to keep pace with digital advertising. The Representation of the People Act, 1951 mandates that all election expenditure by a candidate must be reported, and there are prescribed ceilings — but these rules were designed for a pre-internet era. Paid news, surrogate advertising, and targeted social media campaigns have created serious transparency deficits.

Key earlier reforms include: the Supreme Court's direction in PUCL v. Union of India (2003) requiring candidates to declare criminal antecedents, assets, and liabilities in nomination affidavits; ECI guidelines on social media introduced during 2014 Lok Sabha elections; and the Voluntary Code of Ethics for social media platforms introduced by the Internet and Mobile Association of India (IAMAI) ahead of the 2019 Lok Sabha elections. The current MCMC expansion builds on these incremental reforms.

  • RP Act 1951 Section 77: defines election expenses; candidates must maintain an account of all expenditure
  • Expenditure ceiling for candidates: varies by state/constituency type (set by ECI, revised periodically)
  • Paid news: defined by ECI as news items and articles that appear to be news but are paid advertisements favourable to a candidate/party; MCMCs are the primary enforcement mechanism
  • IAMAI Voluntary Code of Ethics for social media (2019): platforms agreed to maintain a transparency library for political ads and respond to ECI takedown requests within 3 hours
  • Current directive goes further: makes pre-certification mandatory (not voluntary) for all internet-based political ads

Connection to this news: The mandatory pre-certification requirement addresses the inadequacy of voluntary compliance and expenditure-only reporting mechanisms in the digital era, where anonymous targeted advertising can significantly distort the electoral playing field.


Key Facts & Data

  • ECI announced elections for Assam, Kerala, Puducherry, Tamil Nadu, and West Bengal on March 15, 2026
  • MCMC pre-certification now covers: television, radio, AV displays at public places, e-papers, bulk SMS/voice messages, all internet-based media, and social media platforms
  • Certification route: district-level MCMC for candidates; state-level MCMC for recognised political parties
  • Candidates must disclose authentic social media accounts in nomination affidavits
  • Parties must file digital campaign expenditure accounts within 75 days of election conclusion
  • MCMCs tasked with specifically monitoring AI-generated and deepfake political content
  • Article 324 of the Constitution: constitutional basis for ECI's plenary election management powers
  • Model Code of Conduct: operational since election announcement date to conclusion of elections
  • Union of India v. Association for Democratic Reforms (2002): Supreme Court affirmed ECI's power to fill gaps in election law using Article 324