- Why in news
- On 19 April 2026, the Election Commission of India restated its rules on unlawful and AI-generated social media content during the assembly elections in Assam, Kerala, Tamil Nadu, Puducherry and West Bengal. It said over 11 thousand posts have been acted upon since 15 March 2026.
- What it is
- The Model Code of Conduct is a set of guidelines issued by the ECI for parties and candidates from the announcement of elections until results. It has no direct statutory backing, but the ECI enforces it using its Article 324 powers and other laws. Social media content is now policed under the MCC along with the IT Act, 2000 and the Representation of the People Act, 1951.
- Takedown deadline
- Misleading or unlawful AI-generated or manipulated content must be acted on within 3 hours of being brought to the notice of platforms.
- Labelling rule
- Parties and candidates must label synthetic or AI-altered campaign content and disclose who created it.
- Section 126, RP Act 1951
- It bars display of election matter in polling areas during the 48-hour silence period before the poll ends. It applies to TV, radio, print and social media.
- Enforcement so far
- Over 11 thousand posts/URLs were acted on since elections were announced on 15 March 2026, through removal, FIR, clarifications and rebuttals.
- ECI's constitutional basis
- Article 324 vests superintendence, direction and control of elections in the Election Commission.
Don’t confuse with MCC vs statutory law: The MCC is not a law passed by Parliament. Section 126 of the RP Act and the IT Act are statutory and carry legal penalties.
Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.
Why it matters
- Addresses deepfakes and misinformation that can distort voter choice.
- Labelling and fast takedowns protect free and fair elections, a basic feature of the Constitution.
Problems
- MCC lacks statutory force, so enforcement relies on platform cooperation and other laws.
- A 3-hour takedown risks over-removal and may affect free speech under Article 19(1)(a).
- Detecting AI content at scale and attributing its origin is hard.
Way forward
- Give clear statutory backing and definitions for synthetic election content.
- Add transparency on takedown orders and an appeal mechanism, and push platforms to use detection and provenance tools.
Put in your answer
Article 324: Constitutional source of the ECI's power to supervise and control elections.
- 2022Mains GS2 · Q15Discuss ECI's role in light of the evolution of the Model Code of Conduct.
- 2026Mains GS3 · Q9Discuss fake news threats and the 2021 IT Intermediary Rules amendments.
- 2026Mains GS2 · Q4Discuss ECI's powers in electoral roll revision and examining voter citizenship.
UPSC’s own questions that come close to this issue, from our Prelims and Mains banks.
No practice question for this one; the card may still help an answer. Why: Lasting election-regulation topic with 3-hour takedown and AI-labelling rules. Useful to read; laws questions are 7% of Prelims, but this is an advisory with few testable provisions.
Worth revising until Prelims 2027: most news questions come within two years of the event.