ECI Orders Pre-Certification for Political Ads on Electronic and Social Media Ahead of Bihar Polls

New Delhi, Oct 15, 2025:
In a move aimed at tightening oversight over digital and electronic campaign content, the Election Commission of India (ECI) has directed all political parties and candidates contesting the upcoming Bihar Assembly elections — as well as bye-elections in six states and the Union Territory of Jammu and Kashmir — to obtain mandatory pre-certification for every political advertisement released on electronic and social media platforms.

The directive, issued on Tuesday, follows the formal announcement of the Bihar Assembly election schedule on October 6. It is part of the Commission’s continuing effort to ensure transparency, accountability, and adherence to the Model Code of Conduct (MCC) in the rapidly evolving landscape of political communication.


Pre-Certification Now Mandatory

According to the notification, every registered national and state political party, as well as individual candidates, must submit their proposed political advertisements to the Media Certification and Monitoring Committee (MCMC)for approval prior to publication or broadcast.

The ECI has set up MCMCs at both state and district levels, which are tasked with examining advertisements to ensure they conform to the Commission’s existing guidelines on election-related content. These committees will also play a critical role in identifying and acting against instances of paid news, which remains a persistent concern during election cycles.

“No political advertisement shall be released on any internet-based media, including social media platforms, without prior certification from the concerned MCMC,” the ECI stated.

The move marks an expansion of the Commission’s long-standing pre-certification framework, which previously focused primarily on television and radio. With the rise of social media platforms such as Facebook, X (formerly Twitter), Instagram, and YouTube as powerful tools for political messaging, the ECI’s new order extends its oversight into the digital domain.


Digital Oversight and Transparency

Recognizing the increasing role of online campaigning, the ECI has instructed candidates to declare all official social media handles at the time of filing nomination papers. This step, according to officials, aims to curb impersonation, the spread of misinformation, and the use of fake or anonymous accounts to influence voters.

The declaration requirement will also enable election authorities to monitor campaign-related online activities more effectively, ensuring that digital outreach adheres to both the MCC and expenditure regulations.

“This initiative is part of a larger effort to bring parity between traditional and digital campaign methods,” an ECI official explained. “As political parties invest more in online engagement, it is essential that the same rules of transparency and accountability apply to digital media as they do to television and print.”


Legal Framework and Accountability

The directive draws on Section 77(1) of the Representation of the People Act, 1951, which governs election expenditure. Under this provision, all spending related to campaign activities — including digital advertisements — must be accounted for within the permissible expenditure limit of each candidate or party.

In line with this, the Commission has reiterated that political parties are required to submit a detailed statement of expenditure on internet-based campaigning within 75 days of the completion of the Assembly elections. This statement must include:

  • All payments made to internet companies and websites for advertisements,
  • Costs related to developing digital campaign materials,
  • Expenditure incurred on maintaining social media operations, and
  • Fees paid to consultants or influencers engaged in campaign-related digital outreach.

Failure to comply with these requirements could lead to the disqualification of candidates or other penalties as prescribed under election laws.


Paid News and Election Ethics

The ECI’s MCMCs have also been tasked with monitoring paid news — content that appears as news coverage but is actually sponsored by political entities. Paid news has been a persistent issue in Indian elections, undermining both media credibility and voter autonomy.

Through pre-certification, the Commission seeks to prevent such disguised political advertising from reaching the public unchecked. By screening all political content before release, MCMCs aim to ensure that advertisements do not contain false, misleading, or communal messaging, or material that may violate public order or decency standards.

Additionally, MCMCs will be required to maintain detailed records of all approved and rejected advertisements, which will be available for audit by the ECI.


A Response to Digital Manipulation and Election Misinformation

The Commission’s order reflects growing concerns about digital disinformation and the use of covert online propaganda to influence voter behavior. In recent election cycles, political parties have increasingly relied on social media micro-targeting and algorithm-driven campaigns, often blurring the line between genuine outreach and manipulative advertising.

Experts note that while the ECI has traditionally monitored television, radio, and print ads, it has faced challenges in extending similar controls to digital platforms that operate across multiple jurisdictions and under varying data privacy laws.

The new directive, therefore, signals an assertive step toward bringing uniform regulatory control to digital electioneering, particularly at a time when AI-generated content and deepfakes pose new threats to election integrity.


Earlier Judicial Directions and the Road Ahead

The latest ECI decision builds on Supreme Court directives that emphasize the need for transparency in political financing and advertising. Past judgments have urged stricter scrutiny of campaign-related expenditure and mandated that the Commission frame guidelines to regulate emerging forms of political communication, especially online.

Observers view this directive as a significant step toward implementing those judicial recommendations. It also aligns India with global trends — such as the EU’s Digital Services Act and the US Federal Election Commission’s transparency norms — which hold political advertisers accountable for online content and spending.

However, political strategists caution that implementation may prove complex, given the vast scale of online campaign activity and the difficulty of distinguishing organic posts from paid or promoted content.

To address these challenges, the ECI is reportedly considering a partnership with major social media platforms for real-time ad tracking, improved reporting mechanisms, and automated alerts for potential violations.


Ensuring Free and Fair Elections in the Digital Age

Ultimately, the ECI’s pre-certification order reflects the Commission’s evolving approach to electoral governance in a digitally connected world. By demanding greater transparency, it seeks to protect the integrity of India’s democratic process from covert influence operations and unethical campaign practices.

The Commission has reiterated that these measures are not designed to stifle legitimate political communication but to ensure a level playing field for all contestants. As the Bihar Assembly elections approach, the order serves as both a warning and an assurance — a warning to those seeking to exploit loopholes in digital campaigning, and an assurance to voters that electoral fairness remains the ECI’s highest priority.


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