The Kerala Police on Tuesday ordered social media platforms to remove posts, including those by journalists and members of Opposition parties, about a letter the Election Commission had issued.
A row had erupted in the state on Monday when an Election Commission letter bearing the seal of the Bharatiya Janata Party’s Kerala unit was widely shared online. The seal was on a letter dated March 19, 2019, sent to political parties across the country detailing norms about criminal antecedents of candidates.
The letter had been sent along with an email on March 21.
After the matter came to light on Monday, the poll panel said that the letter carried the BJP seal due to a “purely clerical error”. The panel added that it had withdrawn the erroneous document.
On Tuesday, journalists Arvind Gunasekar, Piyush Rai and the Congress’ Aditya Goswami posted on social media that the Kerala police had in its order cited sections of the 2000 Information Technology Act and the 2021 IT rules that allow the authorities to order intermediaries such as social media platforms to take down content.
The Kerala Police is reporting to the Election Commission as the Model Code of Conduct is in force in the state ahead of the Assembly polls.
Social media platform X informed several users that it had been directed by the police to remove the posts based on claims that the content violated Indian law.
It was unclear how many of the posts listed for removal had been taken down.
An Instagram post by Scroll about the controversy was also blocked. Scroll received a notice from the platform saying that the content was blocked based on a “legal request”.
In their order, the police alleged that the posts “blatantly insult” the Election Commission and “propagate content that undermines communal harmony”.
“The post in question is not only a direct affront to a respected national institution, but also poses a serious threat to public order by inciting division and hostility,” said the notice by the police.
The continued circulation of the retracted letter “is being used to spread false allegations, thereby undermining the integrity and transparency” of the poll panel, the police stated.
It told the social media platforms that they would be liable for abetment if they failed to remove the content.
The 2019 letter detailed norms about criminal antecedents of candidates, bore a seal of the BJP’s Kerala unit and was signed by an official of the Election Commission.
The CPI(M) alleged that “seals are being casually swapped” and questioned whether “all pretences” have been dropped by the BJP and the Kerala Chief Electoral Officer. The Congress and the Trinamool Congress also raised the matter on social media.
Election Commission’s explanation
The poll body stated that the error occurred because the BJP’s Kerala unit had approached the Election Commission seeking clarification on 2019 guidelines regarding the publication of criminal antecedents of candidates.
Along with the request, the Hindutva party had submitted a photocopy of the original 2019 directive, which carried its seal, the poll body explained.
“Due to an oversight, the office failed to notice the party symbol on the submitted document and inadvertently redistributed it to other political parties as part of the requested clarification,” stated the poll body.
It added that once the error was noted, all political parties, district election officers and returning officers were informed that the “erroneous document” had been withdrawn and should be disregarded.
“The public and media are requested to refrain from spreading misleading messages based on this clerical error,” the Election Commission said. “The Election Commission maintains a rigorous and foolproof system to ensure that the electoral process remains free from any external interference or influence.”
On Tuesday, the state’s Chief Electoral Officer said that an assistant section officer who dealt with the file in question had been suspended pending inquiry.
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