MEMORANDUM

April 12th, 2019

Ref. No: 0020A/2019

PM MODI WEB – SERIES

INDEX

SL.NO Particulars Page

No.s
1. Representation on Web Series 2-5

2. Annexure I : 6-8
Copies of screenshots of web–series: ‘Modi–
Journey of a common man’ and news paper article.

3. Annexure II: 9-15

Copy of the ECI’s order No. 491/MM/2019/Comm.
dated 10.04.2019.

4. Annexure III: 16-18

Copy of the ECI Notification No.491/Media/2010
dated 08.06.2010.

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 MEMORANDUM

April 12th, 2019

Ref. No: 0020A/2019

To,

Chief Election Commissioner &

His Companion Election Commissioners of India

The Election Commission of India,

Nirvachan Sadan
New Delhi - 110001

Dear Sirs,

RE: PM MODI WEB – SERIES

REQUEST FOR URGENT AND NECESSARY DIRECTIONS TO

THE MINISTRY OF ELECTRONICS & INFORMATION
TECHNOLOGY AND OTHER RELEVANT AUTHORITIES TO
TAKE STRICT ACTION AGAINST AN OBVIOUSLY
POLITICALLY MOTIVATED WEB SERIES –‘MODI–
JOURNEY OF A COMMON MAN’ DURING MCC TO ENSURE
FREE AND FAIR ELECTIONS.

I.
Proxy Campaign: Illustration No.3

It has recently come to our attention that a particular web-series titled

“Modi- Journey of a common man” is now streaming online on a digital
channel called ‘Eros Now’, with the sole motive of influencing and
impressing viewers and voters in the upcoming elections.

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This is part of the ill-advised, boorish and clumsy trifecta which includes
a biopic (since postponed by Order of the Hon’ble ECI), Namo TV (also
bound by the ECI Order in our interpretation) and now the Web Series.

On a bare perusal this too is a hagiographic work that seeks to lionize

the image of the Prime Minister, whitewash his record and project an
image of him as a statesman. This, aside from being misleading, falls
afoul of electoral law, the ECI’s Rules and Orders.

A copy of the screenshots of the web–series being streamed on Eros

Now and news paper item are annexed herewith and marked as
ANNEXURE – I.

II.
That the Election Commission vide its order dated 10.04.2019 held that:

“The Model Code of Conduct is an umbrella code, developed in

consultation with the political parties, facilitates level-playing
field to all the political parties and the candidates and it inter-
alia seeks to ensure that the power of media is not used
in such manner which affects the general conduct and
level playing field during the electoral process.”

The ECI correctly observed:

“such “political contents” pose a serious threat to the

level playing field as it may create an impression of
truthfulness of such content being shown through
television/cinema/internet-based entertainment
programs/social media. And, therefore it is in the
larger interest of ensuring level – playing field and
conduct of free and fair elections that such political
content ought to be regulated during the election
period to prevent violation of Model Code of Conduct.”

And accordingly, the Election Commission ordered that any biopic

material in the nature of biography/hagiography sub-
serving the purposes of any political entity or any
individual entity connected to it, which is intended to, or which
has the potential to disturb the level-playing field during the

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elections, should not be displayed in electronic media
including cinematograph during the operation of MCC.

A copy of the ECI’s order No. 491/MM/2019/Comm. dated

10.04.2019 is annexed herewith and marked as ANNEXURE – II.

It is our submission that the ECI’s Order of April 10th, 2019 applies
squarely to this web-series as well and the same must either be
restricted or the expenses for the same should be credited to Shri.
Narendra Modi’s election account.

The Hon’ble Commission in its order has correctly placed reliance on

the landmark Supreme Court decision in Secretary, Ministry of
Information and Broadcasting v. Gemini TVI (2004) to state that such
content is subject to an additional certification regime during the time
of the operation of the Model Code of Conduct. While of course, Mr.
Modi is free to make such content he must not evade its authorship and
hence his legal obligations under the law. The clandestine manner
of launch, the hasty manner of release to coincide with
elections and the complete denial of ownership is what is
suspicious and invites rebuke.

III.
Other laws being violated:
The web-series also blatantly violates ECI Notification
No.491/Media/2010 dated 08.06.2010 para 2 of which clearly states as
follows:

“The Commission has directed that maximum vigilance

may be observed by making use of the existing provisions
of law so that the incidence of ‘Paid News’ or surrogate
advertisements in Print and Electronic media in
the context of elections is arrested.”

A copy of the ECI Notification No.491/Media/2010 dated 08.06.2010

is annexed herewith and marked as ANNEXURE – III.

Additionally, the said web–series is also in clear violation of Section 126

(1) of the Representation of the People Act, which states that ‘in the 48
hours that precede polling in a particular area, no one can hold public

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meetings, display election matter by means of cinematograph,
television or other similar apparatus or arrange concerts,
theatrical performances and other entertainment that
propagates election matter’.

IV.
The producers have again indulged in the creation of an
elaborate political advertisement which is masquerading as
web-series. That has been the intention of the BJP from the outset;
saturate the market with political propaganda whose antecedents are
unclear and whose authorship can be disavowed in case of a violation.

Given the content, the obvious political overtones and the

clear fact that the producers have not even applied for any
permission or clearance certificate from the Election
Commission, the Hon’ble Commission is left with no choice
but to intervene and uphold its Order dated April 10th, 2019
flowing from the exercise of its vast powers under Article 324
of the Constitution to ensure a level playing field.

We hope the Commission treats these matters with the attention they
deserve.

Warm Regards,