Election rules tweaked to restrict public inspection of electronic records

He had filed a petition seeking the videography, CCTV camera footage, and copies of Forms 17-C Parts I and II related to the conduct of elections.

The government has tweaked an election rule to prevent public inspection of certain electronic documents such as CCTV camera and webcasting footage, as well as video recordings of candidates, to prevent their misuse.

Based on the recommendation of the Election Commission (EC), the Union law ministry has amended Rule 93 of the Conduct of Election Rules, 1961, to restrict the type of "papers" or documents open to public inspection. According to Rule 93, all "papers" related to elections shall be open to public inspection. The amendment inserts "as specified in these rules" after "papers."

Law ministry and EC officials separately explained that a court case was the "trigger" behind the amendment. While documents such as nomination forms, appointment of election agents, results, and election account statements are mentioned in the Conduct of Election Rules, electronic documents such as CCTV camera footage, webcasting footage, and video recording of candidates during the Model Code of Conduct period are not covered.

"There have been instances where such electronic records have been sought, citing the rules. The amendment ensures that only papers mentioned in the rules are available for public inspection and any other document which has no reference in the rules is not allowed for public inspection," an EC functionary said.

EC functionaries said the misuse of CCTV camera footage from inside polling booths could compromise voter secrecy. They also said the footage could be used to generate fake narratives using AI. "All such material is available to candidates, including footage. After the amendment, too, it will be available to them. But other people can always approach the courts to get such electronic records," said another functionary.

The Punjab and Haryana High Court had recently directed the EC to provide copies of the required documents related to the Haryana Assembly elections to advocate Mehmood Pracha. He had filed a petition seeking the videography, CCTV camera footage, and copies of Forms 17-C Parts I and II related to the conduct of elections.