Context

The social media platform X (formerly Twitter) withheld four posts by the political parties on takedown requests by the Election Commission of India (EC).

X has Removed posts for violating the Model Code of Conduct (MCC)

Violation of MCC: According to the EC, the posts in question violated the Model Code of Conduct (MCC), and that X had a responsibility to remove these posts as it had agreed to the ‘Voluntary Code of Ethics for social media platforms’.

• Rules cited by EC for Orders to Remove Posts: The EC cited provisions of the MCC against criticism of political parties and candidates based on unverified allegations, and criticism of their private lives.
  • The EC also cited its March 1 advisory, in which it had warned political parties to follow the MCC and maintain decorum during the Lok Sabha campaign.

Emergence of Voluntary Code of Ethics for Social Media Platforms

• Amendments to RPA,1951: In January 2019, a committee led by Deputy Election Commissioner Umesh Sinha proposed amendments to the Representation of People Act (RPA), 1951.
  • These amendments aimed to cover social media posts during the 48-hour period before polling, during which traditional campaigning is prohibited.
  • RPA 1951 governs the conduct of Lok Sabha and state assembly elections. 

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• Presentation of Code of Ethics to the EC: In March 2019, the Internet and Mobile Association of India, in collaboration with social media platforms, presented a code of ethics to the Election Commission. 
  • This code, initially introduced after the Lok Sabha elections, was subsequently extended to all future elections.

Voluntary Code of Ethics

• About: Under this, the social media platforms will voluntarily undertake information, education and communication campaigns to spread awareness about elections, including about electoral laws.
• Provision for Grievance Redressal: The social media platforms created a high-priority dedicated grievance redressal channel for taking action on the cases reported by the EC. 
• Timely Processing of Legal Orders by the EC: Valid legal orders of the EC would be acknowledged and/or processed within three hours for violations reported under Section 126 of the RPA, 1951, and other valid legal requests would be acted upon “expeditiously”.
  • Section 126 refers to the curbs on campaigning in the 48 hours preceding polling. 
  • During the 2019 Lok Sabha elections, around 900 posts were taken down by the social media platforms upon the EC’s request.

Code of Ethics

• Core Ethical Values: These are a set of guidelines containing core ethical values, principles and ideals of the organization. 
• Values as Guidelines for Decision-Making: These are referred to as values, which behave like the Constitution with general principles to guide behaviour, outlining a set of principles that affect decision-making.
  • It would include the principles of integrity, impartiality, commitment to public service, accountability, devotion to duty, exemplary behaviour etc.
• Minimum Conduct Standards: It defines the minimum requirements for conduct and behavioural expectations instead of specific activities.
• Distinguish Between Right and Wrong: Code of ethics helps members in understanding what is right or wrong and these codes are disclosed publicly.