Explained | Elections and the airwaves

In the recently-concluded Karnataka Assembly elections, political parties were provided free airtime on public broadcasters, All India Radio (Akashvani) and Doordarshan during elections.

The story so far: In the recently-concluded Karnataka Assembly elections, political parties were provided free airtime on public broadcasters, All India Radio (Akashvani) and Doordarshan during elections. The allotment was available to six recognised national parties — the Bharatiya Janata Party (BJP), the Indian National Congress (INC), the Bahujan Samaj Party (BSP), the National People’s Party (NPP), the Aam Aadmi Party (AAP) and the Communist Party of India (Marxist) and one recognised State party, the Janata Dal (Secular). The parties were allocated a base time of 45 minutes and additional slots based on performance in previous polls. A total of 630 minutes of free airtime was issued under this allotment. 

The facility to provide free airtime for political parties during elections was given statutory basis through the 2003 amendment to the Representation of People Act, 1951. The Supreme Court, in its famed judgment ( The Secretary, Ministry of Information and Broadcasting vs Cricket Association of Bengal and ANR, 1995), held that airwaves are public property and its use should serve the greater public good. Elections being the lifeblood of a democracy, the misuse or abuse of airwaves to gain unfair electoral advantage is a key regulatory apprehension of governments around the world.

In the U.S., for example, the Federal Communications Commission, which regulates the electronic media in the country, devised the fairness doctrine to keep electioneering on the airwaves equitable. The now defunct fairness doctrine placed a positive obligation on broadcasters who carry political content of one candidate on its programme to extend the same to another candidate in the electoral fray.

In the U.K. too, political parties are allocated designated slots by Parliament, called the party political broadcasts (PPBs) to convey important political information to the people. The British Communication watchdog, Ofcom, is responsible for ensuring that PPBs are included in every licensed public service television channel and commercial radio services. Similar requirements are adopted in Singapore, Brazil and Japan. 

In the Karnataka elections, the BJP received 167 minutes of broadcast time on both DD and Akashvani, while the Congress got 174 minutes and the JD(S) got 107 minutes. Time vouchers are distributed by a lottery system by the Election Commission in a transparent process to obviate any preferential treatment in getting primetime slots. 

The transcripts of political parties are vetted to ensure that they adhere to relevant codes. These codes proscribe any content which are inter alia critical of other countries, attack religions or other communities or incites violence and personal attacks. In case of any disagreements over the content of the script as vetted by the public broadcaster, it is referred to an Apex Committee comprising members from Akashvani and DD whose decision is final.

In the Indian media landscape, due to the pattern of ownership of media houses, the public generally identify a broadcaster as being affiliated with one political party or the other.  In this regard, State-sponsored airtime provides more diversity and colour to the electoral process.