Search giant Google has removed a video that questioned the integrity of the electronic voting machines (EVMS) after a notice was sent by the Maharashtra Police.
The Supreme Court on April 26 reaffirmed its faith in EVMs and dismissed a petition that sought a return to the paper ballot and 100 percent verification of EVM votes with VVPAT slips. It said a balanced perspective was important but blindly doubting a system can breed scepticism.
The same day, the cybercrime wing of Maharashtra Police shot off a notice to Google under the Information Technology Act and Section 149 of CrPC on the orders of the state chief electoral officer. Eight Maharashtra seats went to the polls that day.
The video was in a Google Drive link which, at the time of the publication of this article, had been removed.
What the notice said
"The nodal officer has received an order from the Chief Electoral Officer of Maharashtra, on behalf of the Election Commission of India, for the removal of an objectionable video questioning the integrity of EVM machines that has been uploaded on Google Drive. This video is being circulated using your platform both during and outside of election periods," the notice, a copy of which has been reviewed by Moneycontrol, said.
In the notice, Maharashtra Police said, "Such fake videos and misinformation campaigns have the potential to breed mistrust among
various stakeholders in the electoral process. They disrupt the level playing field, polarise public opinion, and can lead to social discord. If not addressed promptly, this issue could escalate into a law and order situation in India."
Heavy price for non-compliance
Take-down orders by the government in India are usually sent under Sec 69(a) of the IT Act. However, in this case, the notice was sent under Sec 79 (3) (b).
Unlike Sec 69A of the IT Act, which directs platforms to withhold access to content on the grounds of national security etc, Sec 79(3)(b), does not do that.
Instead, it informs the platform of the consequences of not removing content that "is being used to commit unlawful act", etc.
The notice said Google's officials could be held liable if the notice was not complied with under Sec 85(2) of the IT Act, 2000.
Where Google stands
In a statement to Moneycontrol, a Google spokesperson said, "We review content reported to us when notified through the correct processes and evaluate based on legitimacy of request and completeness. Where appropriate, we restrict or remove content in keeping with the applicable provisions cited and our policies after a thorough review."
In view of the elections, Google is providing various tools and resources to help voters access crucial information such as candidate profiles, polling locations, and election-related news.
The company is also taking steps to combat misinformation by launching educational campaigns and partnering with local organisations to promote civic engagement.
For instance, the platform partners with independent fact-checking organisations to review and verify the accuracy of news articles and information circulating online.
It may also prioritise authoritative sources in its search results and implement features like information panels to provide users with accurate information and context.
Two phases of voting have been completed and the third round of voting is due on May 7 when 94 constituencies will be voted for.
The voting for the 18th Lok Sabha is being held in seven phases, with the first phase held on April 19 and the final on June 1. The counting of votes will be held on June 4.
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