Central Information Commission
Ashlesh Biradar vs Election Commission Of India on 4 August, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ECOMM/A/2024/643205
Shri Ashlesh Biradar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Election Commission of India
Date of Hearing : 31.07.2025
Date of Decision : 31.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.04.2024
PIO replied on : 17.05.2024
First Appeal filed on : 16.06.2024
First Appellate Order on : 28.06.2024
2ndAppeal/complaint received on : 26.09.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.04.2024 seeking information on following points:-
1. Please provide statistical information about the number of notices/orders/directions that have been issued by the ECI to Facebook for online content removal from January 1, 2023, until the date of receipt of this RTI.
2. Please provide a copy of the notices/orders/directions issued by the ECI to Facebook for online content removal/takedown/blocking from January 1, 2023, until the date of receipt of this RTI.
3. Please provide the relevant rule/law/notification/provision of law/legal instrument that empowers the ECI to online content takedown orders.
4. Please state the criteria and process(es) adopted by the ECI to identify objectionable content and issue online content removal/take down/blocking orders for removal of the same.
5. Please share copies of the standard operating procedure(s) adopted or the office memorandum/notice/circular/other legal instrument used by the ECI to identify objectionable content and issue online content removal/take down/blocking orders.
Page 1
6. Please state whether a notice/order/direction/correspondence of blocking was sent to the originators of such content. If yes, please provide a copy(s) thereof.
7. Please state whether the originators were provided with a hearing before the removal/takedown/blocking of their content.
8. Please state if there is a review or appellate authority to appeal the notice/order/direction issued by the ECI for online content removal/takedown/blocking of their content...etc..."
The CPIO, Election Commission of India vide letter dated 17.05.2024 replied as under:-
1. & 2. Total 21 take down orders have been issued to Facebook from January 2023 till 19th April, 2024 (date of RTI).
a) Assembly Election to the state of Nagaland. Tripura and Meghalaya, 20236
b) Assembly Election to the state of Karnataka, 2023 4
c) Assembly Election to the state of Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Telangana 2023-9
d) Lok Sabha Election 2024 2 (till 19th April,2024)
3. Internet and Mobile Association of India (IAMAI) in consultation with Election Commission has implemented a set of Voluntary Code of Ethics' during Lok Sabha Election-2019 and all Legislative Assembly Elections held after that. The Code has been developed to ensure free, fair & ethical use of social media platforms and to maintain the integrity of the electoral process. The platforms agreed to create a high priority dedicated mechanism for ECI and appoint dedicated teams during the election period for taking expeditious action on any reported violations. Link to VCE available on ECT's website is as under:
https://hindi.eci.gov.in/files/file/9468-voluntary-code-of-ethics- by-the-social-media-platforms-for-the-general-election-2019/
4., 5. & 6:- You may refer to Handbook for Media Matters for CEOs and DEOs available on ECT's website. (Link *) ECI issues take down orders to social media platforms only.
7. & 8. No such information is available.
You may refer to the Voluntary Code of Ethics available on ECI's website.
9. Etc."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.06.2024. The FAA vide order dated 28.06.2024 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Not present Page 2 Respondent: Mr. Brejesh Kumar, Under Secretary and Ms. Yamini, Assistant Section Officer, ECI- participated in the hearing.
The Respondent stated that the relevant information as available in their records has been duly provided to the Appellant. They further stated that the Appellant has raised 11 queries in the instant RTI Application and point- wise reply as per the provisions of the RTI Act has been furnished to the Appellant.
Decision:
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the concerned PIO. The reply is self- explanatory and information as defined under Section 2(f) of the RTI Act from available official records, has been duly provided to the Appellant, in terms of provisions of the RTI Act, 2005. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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