EC stops release of ‘PM Narendra Modi’, calls it ‘surrogate publicity’ during Model Code of Conduct

Having stopped the release of upcoming biopic PM Narendra Modi, the Election Commission issued an order today on “political content” in electronic media while the Model Code of Conduct is in force.

The EC noted that political content which doesn’t conform with the MCC was being displayed—or intended to display—to the public. The complaints, it said, also included PM Narendra Modi, and called it “surrogate publicity” by the candidate or political party and that they have the “propensity and potentiality to affect the level playing field”. It said they can’t fall in the advertisement category and pose a “serious threat”.

The EC noted that if the film “is to be released on April 11, 2019, what conditions should govern such release thereafter is a matter that the Election Commission of India has to decide”. It said it had asked the Central Board of Film Certification to note the operations of the MCC on March 25.

The order said “free and fair elections” have been held by the Supreme Court to be part of the basic structure of the Constitution and is a “sacrosanct right” of every citizen. It cited Mohinder Singh Gill & Anr vs The Chief Election Commissioner and Ors and other judgments in this regard.

The order said: “That in any cinematograph material, certified by the appropriate authority, if there exists such a violation or on receipt of a complaint in this regard, a Committee, duly constituted by the Commission, shall examine and suggest appropriate action. This Committee shall be headed by a retired Justice of … the Supreme Court or retired Chief Justice of any … High Court.”