Introduction-
The Indian Constitution, through Article 19(1)(a) guarantees free speech as one of the most important rights. A democratic government has this right because it helps people to express opinions, suggestions, and requires that a government be open with its actions. However, prior to India’s forthcoming general elections, social media has in many ways altered the complexion of free speech. Facebook, Twitter and WhatsApp have become powerful tools for political mobilization, campaigning and communication. This article evaluates the benefits and challenges arising from digital revolution regarding freedom of expression, social networks and electioneering in India.
The role social media elections-
In India, social media has completely changed political campaigning. There are various reasons for its extensive usage during elections.
Broad Reach and Easily Accessible: India boasts a sizable and heterogeneous online community, with more than 500 million members. Politicians and political parties have a direct line of communication with voters via social media, bridging geographic and socioeconomic gaps.
Cost-Effectiveness: Conventional campaigning techniques, like rallies and TV commercials, are pricy and difficult to organize. On the other hand, social media campaigns may be customized to target particular demographics and are generally less expensive.
Real-Time Interaction: social media allows voters and politicians to communicate in real-time. It fosters a sense of connectedness and responsiveness when candidates can answer questions, participate in debates, and address issues right away.
Free Speech and Misinformation
This free speech, facilitated by social media, is a double-edged sword, especially in the problems of misinformation and fake news. Misinformation can spread swiftly and seriously distort public perception, undermining the proper mechanism of democracy. Misinformation takes several pernicious forms during elections. Fake news- crafted stories with the intention of misleading readers- has a high impact on voter behaviour. For example, fake news can be written about the background of a candidate, whereas their pictures can be photoshopped to paint a bad picture for their voters. Propaganda, another permutation from misinformation, is usually the intentional manipulation of biased or misleading information to achieve a set political agenda. This can include manipulated statistics or exaggerated achievements, which warp public understanding and rig elections.
Moreover, it also potentially rears the problems associated with hate speech, which can fuel communal tensions and, in a worst-case scenario, ignite violence. In election times, such speech can polarize communities, making them prone to conflict and leading to a higher degree of instability. Another disturbing trend is the use of deepfakes—ultra-realistic, completely forged videos created using advanced AI. These can depict political figures in compromising situations, seriously damaging their reputation and misleading the electorate. In sum, these various forms of misinformation are a serious threat to democracy in that they may mislead voters, create wedges between them, and incite loss of trust in the democratic process.
In India, YouTube has become a major source of news for its 460 million users, with many consuming content from channels that present themselves as news outlets. These channels, such as NMF News, Headlines India, and Rajdharma News, have millions of subscribers and billions of views. However, they are increasingly criticized for disseminating disinformation and Islamophobia, often supporting Prime Minister Narendra Modi and the Bharatiya Janata Party (BJP) while attacking critics and opposition leaders. Examples include journalists chastising Muslims for not supporting Hindus during past atrocities and alleging unsubstantiated conspiracies to establish an Islamic state in Kerala. These channels claim to offer fact-based reportage but frequently propagate conspiracy theories and partisan content. As India prepares for its national election, the influence of these channels on public perception and opinion is a growing concern. NMF News denies bias, asserting its fact-based approach, while other channels did not respond to requests for comment. The impact of these ‘news’ channels, especially given their vast reach, raises alarms about their role in shaping the political landscape.
Studies have revealed that, despite several warnings about YouTube’s involvement in spreading misinformation, Indians are more likely to believe news they see on the platform than news from traditional media sources. This is especially true when it comes to news from WhatsApp and YouTube. The World Economic Forum’s 2024 Global Risk Report has already determined that the consequences of the dissemination of misleading information pose the biggest threat to India.
The 2019 Indian general election marked a significant shift towards digital media and technology in political campaigning. Almost half of India’s 900 million eligible voters had internet access, leading to extensive use of platforms like Facebook, WhatsApp, ShareChat, and TikTok. This election was notably dubbed the ‘WhatsApp election’ due to the high usage of the platform for political communication. The Institute of South Asian Studies and the Konrad Adenauer Stiftung held a workshop on June 28, 2019, to discuss these developments. The report from this workshop highlighted two main areas: new campaign strategies and the need for regulation. Campaigns increasingly used vernacular languages and integrated online and offline efforts. Despite the efforts of the Election Commission and tech companies, the rise in fake news and online rumors persisted. The digital divide within India narrowed significantly from 2014 to 2019, driven by affordable smartphones and data plans, enhancing the role of digital media in elections.
The BJP’s IT department issued a personalized “letter from the prime minister” to each of its millions of WhatsApp groups on the day of the 2024 General Election. The government asked for voter input while highlighting its accomplishments in the letter. Since then, opposition leaders have brought attention to the move with the Indian Election Commission, calling on them to take action against what they claim is a “blatant violation“of the party and candidate code of conduct that the Commission is tasked with enforcing.
Political campaigning in India is a complex and expensive exercise. The BJP, the Congress and prominent regional parties spend significantly on digital media, including advertisements on Google and Meta. It is expected that, of the Rs 3000–4000 crore (US$359–479 million) spent on advertising during 2024 national and state elections in April–May, about 60 per cent will be spent on digital media.
Legal frameworks
The Indian government has really stepped up its game when it comes to dealing with the challenges posed by social media during elections. They’ve put in place a solid legal and regulatory framework to ensure that the democratic process remains free and fair. The Election Commission of India (ECI) is at the forefront of this effort, setting and enforcing guidelines to regulate political campaigns on digital platforms.
One of the key components of the ECI’s regulatory approach is the Model Code of Conduct (MCC). This is basically a set of rules that all political parties and candidates have to follow during elections. The whole point of the MCC is to make sure that campaigns are carried out in a fair and ethical manner, maintaining the integrity of the electoral process. It includes specific provisions for social media, like no hate speech, no inflammatory content, and no spreading of misinformation. The aim is to prevent social media from being used to exploit people’s emotions or spread false information that could mislead voters.
On top of the MCC, the ECI introduced some Social Media Guidelines in 2019 to address the growing influence of digital platforms in election campaigns. These guidelines require political parties and candidates to share the details of their social media accounts with the ECI, promoting transparency and accountability. Additionally, any political advertisement on social media needs to be certified by the ECI, just like traditional media ads. This certification process helps stop the spread of misleading or malicious content that could manipulate voters.
To complement these measures, the Indian government has come up with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules put the onus on social media platforms to actively tackle misinformation and illegal content. They have to appoint grievance officers to handle user complaints and make sure harmful content is taken down promptly. Moreover, they’re required to do their due diligence, like verifying the authenticity of information and preventing the spread of fake news.
To fight misinformation even more effectively, the ECI works closely with fact-checking organizations and social media platforms. Fact-checkers play a vital role in verifying the accuracy of information being circulated on digital platforms. They flag false content and make sure it gets removed. This collaboration creates a multi-layered approach to combating misinformation, which really boosts the credibility of the electoral process.
With all these comprehensive measures in place, the Indian government and the ECI are fully committed to preserving the integrity of elections. They want social media to be a tool for positive political engagement, not a channel for spreading misinformation and engaging in unethical practices.
Drawbacks
Despite the Indian government and the Election Commission of India (ECI) establishing a comprehensive legal and regulatory framework to handle social media during elections, there are some persistent issues. It’s a big challenge to enforce these regulations due to the sheer amount of online content. Monitoring and taking action against rule breakers requires a lot of resources and coordination, which can be overwhelming.
Privacy concerns also come into play as increased scrutiny of social media activities can infringe on users’ privacy rights. The collection and analysis of user data for political purposes often raise ethical and legal questions. Plus, accusations of political bias in content moderation are pretty common. Both ruling and opposition parties frequently claim that social media platforms favor their rivals, and that really undermines trust in these platforms.
Another big issue is digital literacy. A lot of people in India don’t have the necessary skills to tell credible information from fake news, so they’re vulnerable to misinformation. Even though efforts have been made to promote digital literacy, there’s still a big gap that needs to be addressed.
Lastly, dealing with foreign interference in Indian elections through social media is a complex matter. Foreign entities can use social media to influence how people vote, and stopping this requires a lot of international cooperation and advanced technological solutions, which are still developing.
Way forward
To make sure that social media helps rather than hinders Indian elections, we need to take a multi-faceted approach. It’s crucial to strengthen and update regulations to cover new forms of digital communication and misinformation. The Election Commission of India (ECI) should keep working with social media platforms to make sure that harmful content is removed quickly and that content moderation is effective.
We should also focus on promoting digital literacy and critical thinking among the public. Educational programs and awareness campaigns can help people distinguish between credible information and misinformation. It’s important to encourage political parties and candidates to follow ethical standards, avoiding hate speech and verifying information before sharing it.
To combat misinformation, it’s a good idea to support independent fact-checking organizations with enough resources. And when it comes to foreign interference, we need international cooperation to develop strategies for dealing with cross-border misinformation and influence. By combining all these efforts, India can use social media to strengthen its democratic processes.
Conclusion
In conclusion, social media has totally changed the game when it comes to political communication and engagement in Indian elections. But let’s not ignore the fact that it brings along some big challenges too, like spreading false information, hate speech, and the need for better regulation. So, how can India tackle these issues? Well, we can start by tightening up the rules, promoting digital literacy, and making sure that political folks use social media responsibly. It’s also important to work hand in hand with social media platforms and fact-checkers to keep things in check. And, let’s not forget about foreign interference – it’s crucial to cooperate internationally to address that. By putting in these efforts, we can make sure that social media becomes a positive force, safeguarding the integrity of India’s democratic processes, and encouraging informed and responsible political discussions.
This blog is authored by Samiksha, student of Hidayatullah National Law University, Raipur.