Supreme Court Asks Centre to Review Ethics of Political Ads on Social Media
- ByAdmin --
- 31 May 2025 --
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The Supreme Court of India has recently directed the Central Government to undertake a thorough review of the ethical standards and regulatory framework governing political advertisements on social media platforms. This intervention comes amid growing concerns over transparency, misinformation, and the potential misuse of digital platforms during elections.
Background
The proliferation of social media has transformed political campaigning, making it more accessible but also raising serious issues related to the spread of misleading content, opaque funding sources, and targeted microadvertising. Various petitions highlighted the lack of clear regulations and accountability mechanisms for political ads online.
In response, the Supreme Court called upon the Centre to evaluate existing laws and policies and suggest measures to ensure ethical conduct in political advertising on digital platforms.
Supreme Court’s Observations
- Need for Transparency
The Court emphasized the importance of transparency in political advertisements to uphold the democratic principle of informed voting. It stressed that voters must know who funds and controls such advertisements.
- Regulation of Misinformation
The spread of fake news and misleading political ads poses a serious threat to free and fair elections. The Court called for stricter monitoring to prevent dissemination of false information.
- Accountability of Social Media Platforms
Social media companies should bear responsibility for verifying political ads and ensuring compliance with ethical standards and legal norms.
- Existing Legal Framework Requires Strengthening
The Court noted that current laws, including the Representation of the People Act, 1951 and the Information Technology Act, 2000, lack specific provisions addressing digital political ads adequately.
- Protection of Freedom of Speech
While regulation is necessary, the Court also underscored the need to balance it with the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
Relevant Legal Provisions
- Article 19(1)(a), Constitution of India
Guarantees freedom of speech and expression, subject to reasonable restrictions.
- Representation of the People Act, 1951
Governs conduct of elections and regulates election expenses and advertisements.
- Information Technology Act, 2000
Regulates digital communication and online content, including intermediary liability.
- Election Commission of India Guidelines
Provide rules for political advertising but lack specific focus on digital platforms.
Implications of the Directive
- For the Central Government
A mandate to formulate clearer policies and a regulatory framework tailored to political advertising on social media.
- For Social Media Companies
Increased responsibility for ad transparency, verification, and timely removal of misleading content.
- For Political Parties and Advertisers
Need for compliance with enhanced disclosure norms and ethical standards in digital campaigns.
- For Voters
Improved access to authentic, transparent information, enabling informed electoral choices.
Way Forward
- Drafting comprehensive guidelines for political ads on social media addressing transparency, funding disclosure, and content accuracy.
- Implementing monitoring mechanisms leveraging technology and human oversight to detect and curb misleading ads.
- Coordinating with the Election Commission to align digital advertising regulations with broader electoral laws.
- Educating the public on identifying misinformation and the importance of verified political content.
Conclusion
The Supreme Court’s directive to the Centre to review the ethics of political advertising on social media underscores the urgent need to safeguard democratic processes in the digital age. Balancing freedom of expression with transparency and accountability, this move aims to create a fairer and more trustworthy electoral environment, protecting voters from manipulation and misinformation. The outcomes of this review could shape future policies and set important precedents for regulating political communication online.
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