‘Potential To Disturb Level Playing Field’
Bharti Jain (THE TIMES OF INDIA; April 11, 2019)

New Delhi: The Election Commission on Wednesday blocked the release of the film “PM Narendra Modi” till further orders against the backdrop of the commission’s blanket ban on screening of biopics that help to promote a political entity or any individual connected to it during the operation of the model code of conduct.

The generic order banning release/screening of biopics on political personalities during the polls acknowledged a need for the EC to intervene in the matter of political content intended to benefit or discredit the electoral prospects of any candidate or/and political party, for ensuring a level playing field.

The EC also announced that a committee would be constituted to examine if any cinematograph material violated the ban and any complaints in this regard. To be headed by a retired SC judge or retired HC chief justice, the committee will suggest appropriate action in such matters.

“Any biopic material in the nature of biography/hagiography sub-serving the purposes of any political entity or any individual entity connected to it should not be displayed in the electronic media including cinematograph during the operation of the MCC,” the EC directed, invoking its powers under Article 324 of the Constitution.

The EC order also banned the airing of any poster or publicity material concerning the biopic, besides insisting on it being pre-certified by the EC-appointed media certification and monitoring committee before being displayed in the print media.

Sources in the EC said the import of the order was that the three biopics based on politicians — “Prime Minister Narendra Modi”, “Laxmi’s NTR” and “Udyama Simham” — could not be released or screened till May 19, the last phase of polling for the Lok Sabha elections. The model code of conduct is usually relaxed by the EC after polling is over and before counting is taken up.

In a separate order specifically on the Modi biopic, the EC said, “In view of the admitted facts and material available on record, this film being a biopic on Narendra Modi, Prime Minister, and a political leader and a prospective candidate in the current general elections to the Lok Sabha, cannot be exhibited till further orders in terms of aforesaid order.” Though the SC had said on March 15 that a film, once certified by CBFC, did not leave scope for any authority to prevent the producer from having it screened, in a subsequent order on April 9 related to Modi’s biopic, it asked the EC to ascertain “whether the film will tilt the electoral balance in favour of any political party”.

“Going by the earlier order, the EC was inclined not to interfere and leave it to CBFC to clear the film for release. But the SC order yesterday specifically asked the EC to decide the issue, which made us change our stand and assess biopics in light of the model code, ultimately leading to the ban,” a senior functionary told TOI.

Justifying the ban, the EC said content seeking to further prospects of a political entity was incorporated in the storyline, making it difficult to prove payment of money.