The Election Commission (EC) has revised its guidelines on protecting video footage and elections photos – reducing the retention period for 45 days after the declaration of results, after which the data can be destroyed when an election petition is filed.
Pol Watchdog infusing all the Chief Electoral Officers (CEOs) in the states on 30 May, citing “recent misuse” of such materials. The Commission underlined that videography and photography of the election process is not mandatory by law, but is used as “internal management equipment”.
The EC wrote to all the CEOs in its new instructions, “The recent misuse of this material by non-compliance by non-compliance to spread misinformation and malicious fiction on social media by selective and out-of-contextual use of this material, which will not give rise to any legal result, has inspired a review.
It marks a departure from the earlier instructions issued on September 6, 2024, which set a specific time limit from three months to one year to store video footage from different stages of the election process.
Under the earlier guidelines, footage was to be maintained for three months from the pre-seaming period, while the enrollment phase, the campaign period, the recording from the voting (inside and outside polling stations), and the count was to be preserved for different periods between six months and one year, depending on the phase.
According to EC sources, new instructions align time to store footage with a 45 -day window to file election petitions. Instructions will be possible, he said. If an election petition is filed, the footage will be stored until the case is completed.
The EC spokesperson did not respond to the Indian Express email seeking comment on the latest decision.
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Election process – from checking electronic voting machines (EVMs) to their storage and agitation in polling days, and to counting of results – is covered by video and photography. The polling process inside the stations is monitored through live webcasting. Campaign activities are also recorded for tracking the expenses of candidates and monitoring the possible violation of the model code of conduct.
This is the second important change made by EC in recent months related to CCTV footage of the election process. In December last year, the government amended Rule 93 (2) (A) of election rules to limit public access to such footage.
Earlier, Rule 93 (2) (A), 1961 said that “all other papers related to the election would be open for public inspection”.
The revised version of the rule now states: “All other documents specified in these rules related to the election will be open for public inspection.” EC sources had told The Indian Express that this amendment would effectively clarify that the electronic footage of the voting process has not been covered within the definition of election letters and therefore not open for public investigation.
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The argument was that providing CCTV footage would violate the confidentiality of the vote and would be opened for potential misuse using artificial intelligence.
The amendment in December 2024 was done by the Ministry of Law in consultation with the EC two weeks after the Punjab and Haryana High Court, which was working on a petition filed by Advocate Mahmud Pracha, directed the Commission to issue election letters and videography related to Haryana Assembly elections.
Talk to The Indian Express On the latest set of instructions on the conservation of CCTV footage of the election process, Pracha said: “The EC itself has admitted that EVMs have been made safe by following a strong protocol that makes the elections free and fair. He said that in the High Court and the Association for Democratic Reforms, we see what is the protocol.
(Tagstotransite) Election Commission (T) Election Commission Video Footage Retention (T) Election Commission Pol guidelines (T) Election Petitions (T) EVM Monitoring (T) Election Commission Model Code of Conduct (T) Election Commission CCTV Footage Amendment Amendment
