Paid election advertising on social media is prohibited, but listed online portals are exempt.

Kathmandu. The Election Commission has banned the use of social media for campaigning by sponsoring or boosting the upcoming elections. The Commission has issued the ‘Election Code of Conduct, 2082’ to make the elections fair and impartial.

The code of conduct has completely banned the publication or broadcasting of election-related propaganda materials through foreign media. Since social media such as Facebook, TikTok, Instagram, YouTube and X (Twitter) are foreign platforms, paid advertisements are not allowed on such media.

However, there is no obstacle for a political party or candidate to place propaganda materials on a private and official webpage for their campaign. This means that even if they do not advertise for money, they can share information from their official social media pages or accounts.

Only online news portals registered with the Department of Information and Broadcasting and listed with the Press Council will be allowed to publish election-related advertisements. Online portals will have to disclose that they are paid advertisements when placing roadblocks, content blocks, or banner advertisements.

In addition, election propaganda will not be allowed on webpages, TV scrolling, digital displays in shopping malls, and bank ATM counters. This time, the code of conduct has taken into special consideration not only traditional propaganda methods but also artificial intelligence (AI) and digital platforms.

A small misinformation spread in the digital world can affect democratic practices. Therefore, the commission has stated that both caution and responsibility are equally necessary when using technology. This time, the election code of conduct has been made to encourage the correct use of technology and discourage its misuse.

According to the code of conduct, no one will be allowed to use AI to disseminate misleading information on social media, to distort video or audio (deepfake), and to spread hate speech. Doing or causing such an act will be considered a serious violation of the code of conduct.

No one will be allowed to open fake accounts or sites on social media to adversely affect the election. Posting, sharing, commenting or replying to comments, tagging, and live streaming in favor or against a candidate or party have also been brought under the purview of the code of conduct. Voters will also not be allowed to communicate untrue content in favor or against anyone through social media.

The Commission has also made its monitoring process technology-friendly. The Commission will use electronic media and information technology to monitor violations of the code of conduct. The monitoring team will be able to record videos of incidents of code of conduct violations and use them as evidence.

Similarly, electronic voting machines, which may be used in the voting process, and digital ballots on such devices have also been given legal recognition. Mobile phones, cameras, or drones will not be allowed to be used in polling stations without permission.

This time, the Commission has put forward the concept of ‘green elections’ and urged to prioritize digital propaganda instead of paper and plastic materials that affect the environment. Candidates should prioritize publishing digital content on their official websites or official social media pages.

If someone violates the code of conduct by using social media or technology, there is a provision under the Election Commission Act, 2073 BS that a fine of up to Rs. 100,000 or even cancellation of candidacy may be imposed.