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Govt amends election rule, limits public access to polling station footage

By IBNS
Dec 21, 2024..

New Delhi: The government has revised an election rule to prevent public access to certain electronic records, including CCTV camera footage, webcasting footage, and video recordings of candidates, to avert misuse, media reports said.


This move has sparked criticism from the Opposition, with accusations of "eroding the integrity of the electoral process," according to an NDTV report.

Election Commission (EC) officials have justified the decision, stating that misuse of polling booth CCTV footage could compromise voter secrecy and facilitate fake narratives through artificial intelligence (AI), the report said.

On Friday, the Union Law Ministry amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, following the EC's recommendation.

Previously, Rule 93 allowed public inspection of all election-related "papers."

The amendment narrows this scope by specifying that only "papers" explicitly mentioned in the rules are accessible for public scrutiny.

A legal case prompted the amendment, according to Law Ministry and EC officials.

While nomination forms, election agent appointments, results, and account statements remain accessible, electronic records such as CCTV footage and webcasting data do not fall under the definition of "papers" in the rules, the report stated.

An EC official explained that "CCTV coverage and webcasting are not mandated by the Conduct of Election Rules but are measures introduced to ensure fair elections," added the report.

Another official clarified that the amendment restricts access to only documents explicitly listed in the rules, preventing public inspection of electronic records.

However, the EC noted that candidates can still access all relevant materials, including electronic records, and can approach the courts for further access if necessary, it said.

The amendment follows a Punjab and Haryana High Court order requiring the EC to share all documents related to Haryana Assembly elections, including CCTV footage, with lawyer Mahmoud Pracha.

The EC argued that the rules only referred to election papers, which do not explicitly include electronic records. The change aims to address this ambiguity and safeguard against misuse of polling station footage, an EC official said.

Congress leader Jairam Ramesh criticised the amendment, calling it a confirmation of the "rapidly eroding integrity of the electoral process managed by the Election Commission."

He announced that the Congress would challenge the amendment in court, asserting that transparency and access to information are essential for restoring faith in the election process.

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