Goa Gazette, No. 1718-18, 07 July 2017

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

Panaji, 7th August, 2017 (Sravana 16, 1939) SERIES III No. 18 PUBLISHED BY AUTHORITY

EXTRAORDINARY

GOVERNMENT OF GOA

Department of Home

Home—General Division

Office of the Collector, North Goa District ___

Order

No. MCMC/Bye-Ele/Misc/2017

It is hereby made known to the Editors of print media/electronic media and social media that the Hon'ble Supreme Court of India, by its interim Order dated 02-04-2004 passed in SLP(Civil) No. 6679/2004 (Ministry of Information and Broadcasting V/s. M/s. Gemini TV and others), in substitution of the order under challenge, had directed as below:-

a) No cable operator or TV channel shall telecast any advertisement, which does not conform to the law of the country and which offends the morality, decency and susceptibility of views or which is shocking, disgusting and revolting;

b) The telecast shall be monitored by the Election

Commissioner of India;

c) The question as to whether the expenditure incurred by the candidate on inserting such advertisement should or should not be included, shall be considered by the committee to be appointed in this regard; and

d) The Election Commissioner of India shall lay down the modalities whether such advertisements are in conformity with law.

In order to preview, scrutinize and verify all advertisements by individual contesting candidates or political parties or organisation/ /association, before it is inserted in the electronic media, in terms of Hon'ble Supreme Court Order dated 13th April, 2004 in SLP (Civil) No. 6679/2004 and ECI's subsequent Order No. 509/75/2004/ /J.S.-I dated 15th April, 2004, a Media Certification and Monitoring Committee (MCMC) of North Goa District has been constituted by the District Magistrate and District Election Officer, North Goa District vide Order No. 1-7/2017/DEO/ELN dated 29-07-2017 for the purpose of previewing, scrutinizing and verifying all advertisements by individual contesting candidates or political parties or organization/association, before it is inserted in the electronic media.

Every registered National and State Political Party and every contesting candidate proposing to issue advertisements on print media/electronic media/ /social media and television channels will have to apply pre-certification of advertisements to the Media Certification and Monitoring Committee (MCMC) of North Goa District in Annexure "A" (Application for Certification of Advertisement) not later than 3 days prior to the date of the proposed commencement of the telecast of such adver- tisement. In case of any other person or unregistered political parties, they will have to apply in writing in Annexure "A" to the MCMC not later than 7 days prior to the date of the telecast. Such application shall be accompanied by two copies of the proposed advertisement in electronic form alongwith the duly attested transcript thereof. In case of earlier, the application shall be disposed within two days of its receipt and in case of later, the application shall be disposed within 3 days of its receipt.

The application for certification shall contain following details:

I. The cost of production of the advertisement;

II. The approximate cost of proposed telecast of such advertisement on a television channel or cable network with the break-up of number of insertions and rate proposed to be charged for each such insertion;

III. It shall also contain a statement whether the advertisement inserted is for the benefit of the prospects of the election of a candidate(s)/parties;

IV. If the advertisement is issued by any person other than a political party or a candidate, that person shall state on oath that it is not for the benefit of the political party or a candidate and that the said advertisement has not been sponsored or commissioned or paid for by any political party or a candidate;

V. A statement that all the payments shall be made by way of cheque or demand draft.

The MCMC will scrutinize the applications received and if the committee is of the opinion that the proposed advertisement is fit for telecast as per the guidelines prescribed by the Hon'ble Supreme Court of India, than the committee shall issue the certificate of advertisement for telecast in Annexure "B". After obtaining the certificate in Annexure "B", the applicant shall produce the same before the print media/electronic media/ /social media for telecasting the proposed advertisement.

All the Editors of print media/electronic media/social media and television channels are directed to obtain certificate in Annexure "B" issued by the Media Certification and Monitoring Committee (MCMC) before telecasting any advertisement from any individual and daily report of such advertisement shall be submitted to the undersigned without fail.

Failure to comply with above directions, stern action will be initiated against the violators under the Representation of People Act and penal provisions.

For strict compliance.

Panaji, 7th August, 2017.— The District Magistrate & DEO, North Goa District, Nila Mohanan, IAS.

Annexure - A

APPLICATION FOR CERTIFICATION OF ADVERTISEMENT

I.

(i) Name and full address of the applicant :

(ii) Whether the advertisement is by a political party/contesting candidate/any other person/ /group of persons/association/organization/ /Trust (give the name)

:

(iii) (a) In case of political party, the status of the party (whether recognized National/ /State/unrecognized party) :

(b) In case of a candidate, name of the Parliamentary/Assembly Constituency from where contesting :

(iv) Address of Headquarters of political party/ /group or body of persons/association/ /organization/Trust

:

(v) Channels/cable networks on which the advertisement is proposed to be telecast :

(vi) (a) Is the advertisement for the benefit of prospects of election of any candidate(s) :

(b) If so, give the name(s) of such

candidate(s) with full address and name(s) of Constituency(ies) :

(vii) Date of submission of the advertisement :

(viii) Language(s) used in the advertisement (advertisement is to be submitted with two copies in electronic form alongwith a duly attested transcript) :

(ix) Title of advertisement

:

(x) Cost of production of the advertisement :

(xi) Approximate cost of proposed telecast

with the break-up of number of insertions and rate proposed for each such insertion :

(xii) Total expenditure involved (in Rupees) :

II.

I, Shri/Smt. ____________________________________, s/o/d/o/w/o _________________________, (full address) ___________________________________, undertake that all payments related to the production and telecast of this advertisement will be made by way of cheque/demand draft.

Place:

Signature of the applicant Date:

III.

(Applicable for advertisement by a person/persons, other than a political party or a candidate)

I, Shri/Smt. ______________________________________, s/o/d/o/w/o _________________________ (full address) ___________________________________, hereby state and affirm that the advertisement(s) submitted herewith is not for the benefit of any political party or any candidate and that this advertisement(s) has/have not been sponsored/commissioned or paid for by any political party or a candidate.

Place:

Signature of applicant Date:

Annexure - B CERTIFICATION OF ADVERTISEMENT FOR TELECAST

I.

(i) Name and address of the applicant/political :

party/candidate/person/group of persons/ /association/organization/Trust :

(ii) Title of advertisement

:

(iii) Duration of advertisement

:

(iv) Language(s) used in advertisement :

(v) Date of submission of advertisement :

(vi) Date of certification for telecast :

II.

Certified that the above advertisement is fit for telecast as per the guidelines prescribed by the Hon'ble Supreme Court of India.

Place:

Signature of Chairperson/ /Members of Committee/ Designated Officer _____________________

Date:

_____________________

_____________________

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