Publishing or circulating fake news would be considered under violation of MCC: Dr Srijana

The Kurnool district collector and Election Officer, Dr G Srijana said that publishing and telecasting fake news leads to violation of Model Code of Conduct (MCC). The election commission is specially focusing on the fake news being telecasted on social platforms. In a press release on Saturday, the collector said that in view of general Assembly and Lok Sabha elections publishing or telecasting fake news would be considered under Model Code of Conduct (MCC).

She said, following the orders of the election commission publishing fake news with regard to Electronic Voting Machines (EVMs), Law and Order, Electro Integrity, Election planning/Administration would be considered under MCC. If anyone was seen posting hate speech, misinformation, fake news and others on social media, those would be considered published against the law. Even action would be initiated on the person posted or circulated the news.

Giving a description about the action to be taken under various section on the news posted or circulated on social platforms, the collector said, section 505 IPC would be imposed to the advertisements leading to misinformation, whoever makes, publishes or broadcasts any statement, rumor or report with an intent to incite other class or community, any offense against other class or community shall be punished with imprisonment. The imprisonment may extend up to three years or fine or both.

Section 125 of RP Act 1951 implies on promotion of enmity between different communities. They would be publishable under this act. PC section 153 A, promoting enmity between different groups based on religion, caste, place of birth, domicile, language and others besides committing acts prejudicial to the maintenance of harmony. Section 153B IPC would be imposed on allegations that jeopardize national integrity.

The collector further said that section 295A of IPC would be imposed on deliberate, malicious acts. A class or creed is intended to outrage religious sentiments by insulting another caste or creed. Section 298 IPC for uttering words with intent to hurt religious feelings. Section 123 (3A) of RP Act 1951 would be applied on a candidate or his election agent to promote or attempts to promote feelings of enmity or hatred between various classes of Indian citizens, on the grounds of religion, race, caste, community or language by the candidate or his agent or any other person.

The consent is related to improving the election prospects of that candidate by influencing the election of any candidate in a partisan manner. Violation of voting secrecy comes under section 94 of RP Act. Section 171C of IPC is related to undue influence at election. Any person who voluntarily interferes or attempts to interfere with the free exercise of any electoral right, is subject to undue influence at the election.

Section 171G is related to false statements in connection with the election with intent to influence the result of an election. Whoever publishes as a matter of fact a matter which he knows to be false or believes to be false in relation to his personal character is punishable as an unlawful act. Prohibition of opinion polls during silence period would come under section 126(1)(b) of RP Act 1951. According to RP Act 1951, section 126A prohibits the conduct of exit polls and publication of their results within a specified period.

The collector finally stated that section 471 of IPC provides that if a forged document or electronic record is used as reliable or authentic, the person shall be punished according to the law in force.