‘Silence Period’ Vanishes in the Age of Digital Political Campaigns: In Exigengy of a Legislative Reform to Safeguard Democracy

Democracy survives, when citizens’ ability to think independently exists. It is for this purpose we have 48 hours of ‘Silence Period’ before election. However, in this modern digital age, political campaigning has transcended traditional boundaries of time, space, and format. The purpose of silence period is more ideal rather than an attainable objective. The study aims to understand how the Digital media and political campaigns behind the screens escape from the regulation of Representation of People Act 1951. The objective of the research paper is to identify the legal gap between existing law and political campaigns in this digital era. The methodology used for this research is Doctrinal Research with descriptive approach. The research is taken on the grounds of reality basis and from legal perspective with the incorporation of case laws at significant points. It shall be observed that Platforms such as social media and OTT services have transformed from mere tools of communication and entertainment into powerful instruments of political influence. From short-form content like reels and shorts to long-form movies and web series, digital media now acts as a continuous, subtle, and pervasive campaign mechanism. Section 126(1)(b) of the Representation of the People Act, 1951 mandates a forty-eight-hour silence period before polling, by prohibiting display of any election matter through cinematography, television or similar apparatus. The findings provides that still social media, OTT Platforms, private satellite televisions are still out from the ambit of this provision. In 2024, Political parties collectively spent an estimated USD 50 million on AI-generated content, deepfakes of deceased leaders, synthetic voice clones, and micro-targeted social media campaigns and all of which deployed through platforms entirely outside Section 126’s statutory ambit. The Research Paper critically studies the recommendations of the Committee constituted under the chairmanship of Sh. Umesh Sinha, the interjection of PCI, IAMAI, Meity and ECI. The research paper thus also provide suggestions to overcome the shortcomings of the soft power influence through digital media.