GOVERNMENT OF TELANGANAABSTRACT

Elections - Bye-Election to the Telangana State Legislative Council from Nizamabad LocalAuthorities' Constituency scheduled to be held on 07.O4.2O20 - Measures to check" Paid News " during elections i.e. advertisement in garb of news in Media and related matters andto take up the additional task of keeping a check on the cases of Paid News published in PrintMedia and telecast in Electronic Media and also Social Media - Constitution of State Level NlediaCertification and Monitoring Committee IMCMC) - Orders - Issued.

GENERAL ADMINISTRATION (ELECTIONS.A) DEPARTMENT

G.O.Rt.No.691 Dated: 1B-03-2020Read the followins:

1. Hon'ble Supreme Court of India, New Delhi Orders in S.L.P. I c )No. 6679 /2004, dated .1.3-04-2004.

2. Election Commission of India, New Delhi Order No.509/75 /2004/lS-7,dated. 15-04-2004.

3. Election Commission of India, New Delhi Lr.No.491/Paid News/201,2/Media, dated.Z7 -08-2012.

4. Election Commission of India Reference No.322/ECI/INST/FUNC/BIEN-LC/20L6,dated.26.12.20L6.

5. ECI Reference No.49 I / Paid News/2 0 19/ Communication, dt.25.02.2019.6. Election Commission of India, New Delhi Press Note No.ECI/PN/30/2020,

dated.05-03-2020.--o0o--

ORDER:

Pursuant to the directions of the Election Commission of India vide its orders second tofifth read above, State Level Media Certification and Monitoring Committee IMCMC) isconstituted with the members mentioned below on measures to check " Paid News " duringelections i.e. advertisement in the garb of news in Media and related matters and to take up theadditional task of keeping a check on the cases of Paid News telecast in Electronic Media i.e. on TVChannels, Cable Networks, Cinema Halls and Broadcast in Radio Stations including private FMchannels; publication in Print Media and campaigning in Social Media in connection with theconduct of Bye-election to the Telangana State Legislative Council from Nizamabad LocalAuthorities' Constituency scheduled to be held on 07.04.2020.

1) Dr. Shashank Goel, I.A.S.,

Chief Electoral Officer &E.O. PRL. SECY TO GOVT

... Chairperson

2) Any Observer appointed bythe ECI Member

3J Prof. K.Stevenson,Head, Department of Journalism & Mass Communications,Osmania University, Hyderabad.

.. Member

4) Sri P.RatnakarDeputy Director,O/o the Addl. Director General, Press Information Bureau,M/o Information & Broadcasting, G.O.l.

2n,r Floor, CGOs Towers, Kawadiguda, Secunderabad - 500 080.

.. Member

Contd....2

2

5) Sri M.A. Majid, Senior Journalist &Member, Press Council of India, Hyderabad.

6) Sri M.MadhavacharyaAssistant Director, Digital Media,

O/o the Director, Digital Media,T.S. Secretariat at BRK Bhavan Hyderabad - 22

Member

7) Smt. M.Satyavani,Deputy Chief Electoral Officer

Member Secretary

2. The above State Level MCMC shall decide appeals received from both the Districtand Joint CEO's Committee on Certification of advertisement as per the ECI OrderNo.509/75/2004/jS-1,dated 15/04/2004 besides examining all cases of Paid News onappeal against the decision of District MCMC or cases that may take up suo motu.

IBY ORDERAND IN THE NAME OF THE GOVERNOR OF TELANGANA STATE)

DR. SHASHANK GOEL,CHIEF ELECTORAL OFFICER &

E.O. PRL. SECRETARY TO GOVT.

ToTheChairperson and Members ofthe State level MCMC concerned.{Alongwithcopyof

the ECI Lr. No.491/Paid News/2019/Communicarion, dt. 27-08-2012 & 25.02.201,9 andE C I. L r. N o. 3 22 / ECI / lN ST/ F U N C/ B I E N - L C / 2 0 L 6, date d.2 6.12 .2 0 1. 6.\.

The Collector & District Election Officer, Nizamabad District. { Along with copy ofthe ECI Lr. No.491/Paid News/2019/Communication, dt. 27-08-20L2 & 25.02.2019 and

E C I. Lr. N o. 322 / ECI / lN ST/FUN C/ B I E N - LCl 2 0 L 6, date d.2 6.1.2.2 0 1 6.j.

The Returning Officer, Nizamabad LocalAuthorities'Constituency, Nizamabad District.{Along with copy of the ECI Lr. No.491/Paid News/Z019/Communication, dt. 27-08-201,2 &25.02.201e and ECI.Lr.No. 322/ECl/INST/FUNC/BIEN-LC/2016, dated.26.L2.2016.j{ Through the Collector & D.E.O.. Nizamabad District }The Presidents of all Political Parties for the State of Telangana {Both Recognized National Parties

and Un-Recognized State Political parties) { Along with copy of the ECILr. No.491/Paid News/2019/Communication, dt. 27-08-201.2 & 25.02.20L9 and ECI.Lr.No.

322 / ECt / tN ST/ F U N C/B I E N - LCl 2 0 L 6, d ated.2 6. 1 2.20 t 6.jThe Commissioner, Information & Public Relations Department, Telangana State, Samachar

Bhavan, A.C.Guards, Hyderabad - 500 004.Allthe Television Channels / Cable Network Operators/ All India Radio and Private F.M.Channels. {Through the Commissioner. Information & Public Relations Department,

Telangana State. Hyderabad.)

Copy to :

1. The Chairperson and Members of the Joint CEO's Committee on Certification ofadvertisements concerned. (w,e,J

2. The Principal Secretary to Govt, Information Technology and Electronics & CommunicationDept., Telangana State, BRK Bhavan, Secretariat , Hyderabad-Z? .

Contd....3

Member

3

3. The Additional Director General, Press Information Bureau, M/o. Information &Broadcasting, GOI, Room No.203, Znd Floor, CGO Towers, Kavadiguda, Sec'bad - 500080.

4. The Deputy Director General, Prasar Bharathi, Door Darshan Kendra,Telangana State, Ramanthapur, Hyyderabad- 500 013.

5. The Station Director, Prasar Bharathi, All India Radio, Saifabad, Hyderabad - 500004.6. The Collector & District Election Officer, Kamareddy District.7. The P.M. LT O/o the CEO, T.S. for uploading the G.O.RI. in the CEOs official website.B. The S.L.A. O/o the CEO, T.S. for uploading the G.O.RI. in the CEOs official website.9. All the Officers, in the G.A I Elections) Dept., and P.S/ PA to the CEO/ Addl. CEO/ Joint CEO/

Dy. CEO.

10. The Secretary, Press Council oflndia, Soochana Bhavan, B-C, CGOs Complex, Lodhi Road,New Delhi - 110003.

11. Sri Pawan Diwan, Under Secretary, Election Commission of India, i.lirvachanSadan, Ashoka Road, New Delhi - 110001.

1,2. Spare - 1

//FORWARDED :: BY ORDER//

1<.9,*- -4Q--'z-SECTION OFFICER

/*-/

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110001

No. ECI/PN/30/2020 5th March 2020

PRESS NOTE Subject: Bye-election to the Telangana Legislative Council from Nizamabad Local

Authorities' Constituency. There is a casual vacancy in the Telangana Legislative Council from Nizamabad

Local Authorities' Constituency. The details of vacancy are as under: -

Name of Member Cause of vacancy Date of Vacancy Date of retirement

R. Bhoopathi Reddy Disqualification on 16.01.2019

16.01.2019 04.01.2022

2. The Commission has decided to hold a bye-election to the Telangana Legislative

Council to fill up the above mentioned vacancy in accordance with the following schedule: -

3. The Model Code of Conduct concerning the said election will come into force with immediate effect in the concerned Constituency. In this regard, please refer to the Commission’s website at the following link https://eci.gov.in/files/file/4070-biennial-bye-elections-to-the-legislative-councils-from-council-constituencies-by-graduates%E2%80%99-and-teachers%E2%80%99-and-local-authorities%E2%80%99-constituencies-%E2%80%93-mcc-instructions-%E2%80%93-regarding/

(PAWAN DIWAN) UNDER SECRETARY

S.No EVENTS DATES&DAYS1. Issue of Notification 12th March, 2020 (Thursday)

2. Last date of making nominations 19th March, 2020 (Thursday)

3. Scrutiny of nominations 20th March, 2020 (Friday)

4. Last date for withdrawal of candidatures 23rd March, 2020 (Monday)

5. Date of poll 07th April, 2020 (Tuesday)

6. Hours of poll 08:00 am to 04:00 pm

7. Counting of Votes 09th April, 2020 (Thursday)

8. Date before which election shall be completed 13th April, 2020 (Monday)

ELECTION COMMISSION OF INDIANin achan Sadan, Asht>ka Road, Neu, Delhi-110001

No. 491 / Paid Neu,s/20 12 /Nledia Dated: 27th August, 2012

To

Chief Electoral Officer of all the States/UTs

Subiect: Measures to check 'Paid Newst during elections i.e.

advertisement in garb of news in Media and related matters -revised guidelines - regarding.

Sir/Madam,

I am directed to invite ,vour attention to the subject cited and to state that

the Commission has issued order No. 509/75/2004/JS-1 dated 15th April,

Z0O4 consequent upon orcler of the Hon'ble Supreme Court of India in SLP O

No. 6679 /ZCiOq. (Ilinistry of Information and Broadcasting vs. N{/s Gemini TV

Pvt. Ltcl and Others) requiring the constitLrtic>n of a committee for previerving,

scrutinizing and rrerifying al1 adyertisements bv individual contesting candidates ot

political pirties, before lt is inserted in the electronic media. The Commission

iss,red further guiclelines vicle its letters of even no. clated 8th June 2010, 23rd

September ZOi6,18th N{arch 201,1 and 1(rth August 2011, to constitute Media

Certification and N4onitoring Committee (\{CN{C) in each district during election

period to take up tl-re additional task of kecping a check on the cases of Paid News.

In modification of orders on 'Paid News' dated 8th June 201,0 and

thereafter, I am dirccted to state the iollos'ing:

1. District Level Media certification and Monitoring Committee

(MCMC)

1,.1 The Disrrict level N,ICN'IC shall be formed in each district u'ith the

follou'ing tnembers:

(^) DtrO/RO (of Parliamcntarv Constituencl)

0, ,\RO (not belos'SDI'I)

(.) (-cntral Gor-t. i & B \,'linistrt. official (if any in the district)

(.1) lnclepcnclcnt Citizen/Journalist as mav be recoumcndccl bv PCI

1.2

'1.3

(.) DPRO/District InforrnationSecretary

(){hcer /e<luivalent

'4'

N{ember

1.1.1 For the purpose of the certification of advcrtisemenrs as peraforesaid Supreme court order, Retulning officer of thepadiamentary corlstituency/I)istrict Elecrion Officer and an ARO(not belor.v sDi\,I) shall be the members of tl-re NICi\{c. Hou,ever, forthe scrutinv of the cases of 'Paid Nervs' etc, District NICMC s h a I Iharre three additional members as given at'c', 'd, and 'e'.

'1.1'2 If Central govt. I ckB N'Iinistrv Official is not postecl in thedistrict, District Election Officer can appoint preferatly a CentralGovt. Officer or a senior State Govt. Officer posted in the district.

1.1.2 If PCI is not providing names to be inclucled in the MCMC,DE,O may himself appoint either an indepenclent senior citizen orjournalist, who is willing and as who, in the opinion of the DEo, iseligible in terms of background and recor:d of neutraljw.

1.1.3 The Member secretarl, (DpRO/DIO or equi'alent) should befrom the Provincial State Civil Services.

The committee shall ha,e tnvo distinct sets of functi.ns:

(i) Certification of Advertisements for w'hich ru,o specific members ofIvICMC i.e. Ro & ARo shalr have to c.nsicler and decide onsuch advertisements for certification.

(ir) Examining complaints/issues of paid News erc b), allmembers through a monitoring arraneenrenr.

The MCiv{C shall, besides ciischarging the functions of Certification ofAdl'ertisemcnt and checking of Paicl Neivs, s,oulcl also assist in cnforcemcntof media related regulations under the RP Act. Hence tire Committee,sfunctions shall include:

1.3.1 MCa'{c shall scan arl mecria (..g. ne\\,sp,lpers, print media,electronic media, cable net\\,ork, internet, mobile nenvgrk erc) for:

(it shall ulso ucrivclv considcr paidnews cases referrecl to it bt tirc lrrxpcncliturc ()bservers. It shallintimzrte the Rcrurning ()ltficcr f<x issr-rc of norices to cancliclatesf<>r inclusion of actual expcncliturc on thc publishecl matter ornorional expcnditurc basccl <>n DIpl{ ,ates in tl-reir election

a.

- 53-

b.

c.

expenses account (in absence of DIPR rates, DAVP rates

may be used), either based on ()r irrespective oi rvhether the

candidate actually has paid or not paid an), aff)olrnt to thechannel/ne\rspaper. A copv of the notice shall also be markedto Expenditur:e Obsen er)

(forchecking if the telecast/broadcast has been

certification by the Committee).done only after

monitoring angle (this will also include Publicitl' or

advertisemenr of appeal b\,, or on behalf of candidate, or by Star

Campaigner(s) or others, to in-rpact canclidate's electoral

prospects)

d. advertisements in print media @,fCN,fC shall check if the

advertisement is u'ith the consent or knou'ledge ofcandidate: in rvhich case it urill be accounted fcrr in the

election expenses of the candidate(s); ho'"vet'er, if the

advertisement is not r,vith the authoriry from the candidatc, then

action may be taken for Prosecution of the publisher iorviolation of Section 171,H of IPC).

e. checking if the name and address of the publisher and printer is

carried on any election pamphlet, Poster, hand bill and other

clocument as required under Section 127A of R.P.A 1951 (If an,v

printeci material does not bear on its face the names and

addresses of the printer or the publisher, MCil,fC shall brine it to

the notice of the RO for further necessar\/ action; For the

pufpose of section 127 of R.P.A. 195i, 'Paid Nernst rvould

also fall in the category of other document').

It shail submit a daily rcport to r\ccounting tcan"r u'ith coP)' to

RO and Expenditure Obsen er in re spcct of cach candidate in the

prescribecl format (as per annexlue 12 t>f the prescribecl trrper-rditure

Guiclelines) ur.r.t. expenditure incurred bl' the candiclate on election

aclvertising or acruai expenditure incurred firr publishing tl-re 'NewS'

that is substantiated bv neceSSar\1 documents turr-risl-red bv thc

cancliclate or notional expenditure as computed bt- the Crlmurittee in

the asscssccl cascs o[ Paicl Ncu's.

1.3.2

2

1.3.3

State

2.1

1'The I\,{CNIC shall creare a suitable mechanism frrr monitoring

rnedia and shall be equipped with adequate manpover andinfrastructure for the same.

level MCMC

The state level N{GNIC shall comprise of the following officers:

(^) The Chief Electoral Officer, Chairman

(b) Any observer appointed by the Election commission of India

(.) One expert to be co-opted by the Committee.

(.1) officer of Indian Information Service (IIS), (at the level of uS/DS) posted in the state/ut representing a media Departmenrof Government of India as separate from the expert at (c)above.

(.)

(0

2.1.1

Independent cirizen or journalist as nominated by pcl (if anr)

Addl/Jt CEO in charge of Media (I,Iernber Secretarr)

If PCI is not providing names to be inclucled in thecommittee, cEo may himself appoint either an inclependentsenior cttizen or journalisr, who is r.villing and u,ho, in theopinion of the cEq is eligible in terms of backgrouncl andrecord of neutrality.

2.2 The State level N,ICN,IC shall perform rwo sets of funcrions:

(, Deciding appeal from both District anci z\ddl/JtCommittces on 2s peraforcsaid Commission order dated 15th April 2004

(i i) Examining all cases of Paid News on appeal against the decisio,of District I\,ICMC or cases that they may 12ks up suo m.ru, in*,hich case it shall direct the concerned R()s to iisuc ,orices r()the canciic'latcs.

The appeal on certification oi ach,errisemenrs need tr>be handled by members at (o), (b) and (.) in rrrc mannerspecified in the afcrresaid order dated 15th r\pril 2004, u,hile thcmembers at (d), (e) & (f) are adcled to dear *,ith paicl Ncu,s cases.

CF,Ot1-rc

2.2.1

-5E*

a-)

2.2.2 It is clarified that as regards the certification, the appeal

both from l)istrict and Addl/Jt CEO Committee u,ill lie onlyrvith and u,ill be disposed of bv the State Level NICIVIC headed

bv CE,O as pcr Commission's ordcr dated 15th Apr1l,2004 and

no reference in this regard needs to be rrade to the Commission.

Addl/Joint CEOrs Committee on Certification : The Committee

chaired by Addl/Jt CEO for Certification of advertisement, constituted

as per the Commission's 15th April 2004 order shall continue to

function as stated in the aforesaid order and shall have no furisdictiono\rer cases of 'Paid Nervs'.

Appeal against decision of State level MCMC on Paid News

4.1. Anv appeal against the decision of the State level 1\'ICN'IC in

mattel of Paid News urill be made to the Election Commission ofIndia. The State ler.el MCNfC can also make a reference to the

Commission for advice, if it deems it necessary. !(/|'',"tever complaintson Paid News cases are made to the Commission directll', the

Con-rmission shall forward cases to the State level N{CMC for initial

consideration.

Paid News Guidelines: lfith regard to Paid Neu's, follo"ving

guidelines may be followed:

5.1 Six months before the due date of normal expiry of l-ok Sabha

or the State/UT Legislative Assemblv, as the case ma1' be, a list oftclevision channcls/radio channels/newspaPers, broadcast/ circulatcd

in the State/UT and their standard rate cards shall be obtained by the

CEOs ancl providecl to all District level N{CMCs for 6xing the rates c>f

advertisements.

5.2 [n case of bve-election to Parliamentarv or Assemblv

constituenCl., the stanclard rate card shall be obtained bi' the DistrictL,lection Officer concerned immediatelv on annoLrncement of the l:r'e-

elcction.

5.3 In case oi anv doubt relating to the application of the standard

rare carcl arisinu, the matter shall be referred to tl"re DII']R or DrWP,

N'{inistrv oi I&8, Gor'. of India for advice.

5.4 Thc CEO and DtrOs u,ill bricf Political Parties :rncl N{cclia

I-Ic>r-rses abour rhe abor,e guidelines before the commencelrent of the

elecrion campaien. l\{edia shall be asked to cxct:cise selt-regulariorl irr

4

)

6

4this regard. Wide publicitl, may [s giyen to this order t9 make thegeneral pr,rblic also a."vare about these guidelines. The thrust of thebriefine will be on the need for sclf-reguiation.

5.5 The cases of suspected Paid News or advertisement orappeal shall have to be considered within strict timelines as follows:

5.5.1 On reference from District MCIvIC, RO shall give noticeto the candiclates u,ithin 96 hrs of pubiication/ broadcast/telecast/ receipt of complaint to explain/disclose theexpenditure incurred for publishing the 'nervs' or similar marrer,or state rvh1, expendirure should not be computed as perstandard rate and added to the candidate's expenditure. Thesame timeline r.vill apply rvhen State tevel N{CMC takes up casessuo moru or on the basis of complaints.

5.5.2 District/State level MCMC shall decide on the replvexpeditiously 2n6 con\rey to the Candidate /parqr its finaldecision. In case no replv is received by District MCMC fr6mthe candidate rvithin 48 hrs of serving of notice, the decision ofMCN,{C u,ill be final.

5.5.3 If decision of District level MCMC is not acceptable tothe candidate, he/she may appeal to state level MCMC within 4ghrs of receipt of decision, with information to the DistrictNICMC.

5'5'4 The State level NfCN{C shall dispose of the case rvithin 96hrs of receipt of appeal and convey the decision ro theCandidate rvith a c()pv ro District level NICN{C.

5'5'-5 The Candidate may appeal against the decision of Statelevel N.'ICN{C to ECI wirhin 4g hrs of receiving of orcler fromthis Com,rittcc. The dccision of ECI shail be final.

5'6 Thc entire plCIcess shall ordinanlv be compJetec{ u,ithin Election period.

It has becn observed that in certain cAses) notices on paicl ncg,s hasbeen issued in larse nutnbers u'hile furrther action ofl the same rernainpendins. r\ICi\'fCs mav ensLrre thar clue cleliberation takes place on eachcasc and onll' cases that appear to bc su-spectccl cascs of 'Paicl Ncrvs' arereferrcd ro the RC) for issr-rc of noticc ro the candidate. \X,hile secing thatfrivolous cases are not takcn up, NICN{C shoulcl ensure that there is ns laxitr:on checking actll2ll 'Paid Neu,s'.

-;$| -

-1

8.

\Vhere the suspected cases of Paid Neurs are decided as a "Paid

Ne\\,s" either at District level/CE() level/Cotnmission level, as the case may

bc, the actualf notional expenditure shall be treated as part of election

cxpenses of the Candidate concerned, rvith due intimation to him/ her orhis/her agent.

\\,'here the District/State level Committee or ECI decides that it is a

Paid Nervs case, such cases shall be conveyed to Press Council of India forfurther action in relation to the media concerned.

Yrrurs faithfullr,,

(Rahul Sharma)

Under Secretary