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Facebook, Google and YouTube told the Bombay High Court on Monday, 18 February, that they are putting in place strict "pre-verification processes" for online political advertisements on their platforms in India ahead of the Lok Sabha elections.
The submissions came in response to a direction of the high court, asking the authorities to state what steps they can take to regulate online political advertisements.
The court was hearing a Public Interest Litigation (PIL) filed by Sagar Suryavanshi, a lawyer, demanding that the Election Commission of India (ECI) regulate fake news in the form of paid political advertisements on social media.
The lawyers for Facebook, Google and YouTube also said on Monday that they can stop political advertisements from appearing on their sites 48 hours before polling if the ECI directs so.
Social media sites too are covered by this 2013 notification. But the lawyers of Facebook and Google said the ECI must be directed to ensure stricter implementation of the notification not just by social media but also by political parties.
"Beginning Thursday, any Indian national who wishes to post an advertisement on politics or any matter of national interest on Facebook will need to submit his or her ID card issued by a valid Indian authority, submit proof of residence based in India, and pay for it only in Indian currency," said advocate Khambata.
This will also help weed out "foreign intervention" ahead of elections and ensure free and fair polls, he said.
Counsel for Google and YouTube (both of which belong to the same group) Iqbal Chagla said while they had already implemented the ECI's notifications on political advertisements, from 14 February they have put in place a pre-verification system similar to the one proposed by Facebook.
The bench then directed the ECI to file its reply.
The judges said while there is no law prohibiting political advertisements on social media 48 hours before elections, the ECI could take steps to bring in such a regulation.
"If the law is silent, shouldn't the ECI initiate some steps in the interest of democracy and issue necessary directions?" the bench said, asking the poll body to file its affidavit-in-reply by 28 February.
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