'Violative of Legal Framework': EC Asks X To Take Down Karnataka BJP's Video

Bengaluru police booked three BJP leaders after a Congress complaint accused them of 'promoting religious enmity.'

The Bengaluru police on Sunday, 5 May filed a First Information Report (FIR) against BJP president JP Nadda, state chief BY Vijayendra and the party's IT cell head Amit Malviya.

(Photo: Chetan Bhakuni/The Quint)

Days after outrage over an animated video posted on the official X handle of BJP (Bharatiya Janata Party) Karnataka, the Election Commission of India on Tuesday, 7 May asked the microblogging platform to take down the clip calling it “violative of extant legal framework."

This comes after the Karnataka Police, on the recommendation of the Karnataka chief electoral officer, sent a notice to X on 5 May, directing the microblogging platform to remove the animated clip.

"…Election Commission has directed to remove the alleged content from internet as it violates Model Code of Conduct (MCC) enforced during Loka Sabha Elections 2024," the notice by the Karnataka police, accessed by The Quint, said.

On Saturday, 4 May – exactly 24 hours before campaigning for the second phase of voting in the state drew to a close – BJP Karnataka posted the said video on its social media platforms, captioned "Beware... Beware... Beware...!" in Kannada.

The 17-second video furthers the BJP's 'wealth redistribution' narrative that the Congress, if voted to power, will give disproportionate benefits to Muslims.

However, the video takes it a step further – and implies that it will do so at the cost of disadvantaged Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Class (OBC) members. It is to be noted that nowhere does the Congress manifesto mention anything about 'wealth redistribution'. The Quint has fact-checked the BJP's claims here and here.

Subsequently, Bengaluru Police filed a First Information Report (FIR) against party president JP Nadda, state chief BY Vijayendra, and the party's IT cell head Amit Malviya for "promoting religious enmity," and "inciting hatred between two communities."

The action by the Bengaluru Police was taken following a complaint lodged by the Karnataka Pradesh Congress Committee (KPCC) with the state chief electoral officer and the police on Sunday, 5 May, alleging violation of the Model Code of Conduct.

As voting is underway in 14 out of 28 constituencies in phase two of the Karnataka Lok Sabha elections, The Quint breaks down what the complaint states, the BJP's response to allegations, and how this is at least the third time that the party has posted videos targeting a particular community.

What Does the Complaint State? 

The video posted by BJP Karnataka featured caricatures of Congress leader Rahul Gandhi and Karnataka Chief Minister Siddaramaiah placing a big egg with "Muslims" written on it in a nest, alongside three smaller eggs marked as 'SC', 'ST' and 'OBC.'

The video shows Rahul Gandhi feeding "funds" to a bird, with a skullcap and a beard, while all the others are left hungry. Eventually, the video shows the "Muslim" bird grows larger and eliminates the other eggs, followed by the sound of laughter.

Following the ad, the KPCC filed a complaint with the chief electoral officer in Karnataka, stating that the video "promoted feelings of enmity, hatred," and the act was “clearly with an intention to wantonly provoke rioting and promote enmity between different religions.”

Filed by Ramesh Babu, Chairman, KPCC Media and Communication wing, the complaint, accessed by The Quint, read:

"It is unfathomable as to how the State level Media Monitoring Committee approved this video uploaded by BJP.... As such, the intent of posting video by BJP on its official X handle appears to be to seek votes in Lok Sabha Elections by projecting Congress party to be favouring Muslim community... It is clear that that video social media post by aforesaid persons (Nadda, Malviya and Vijayendra) is to intimidate members of SC/ST Community not to vote for Congress party by projecting that funds reserved for them will be usurped by Muslims."

"The act of the accused person (s) is to wantonly provocate rioting and promote enmity between different religions and is prejudicial to maintenance of harmony apart from intimidating members of the SC/ST community not to vote for a particular candidate and causing enmity against members of SC/ST community," he said in his complaint.

Babu further alleged that the account to which the video was uploaded was operated by Amit Malviya, and that this was done on the instructions of JP Nadda and BY Vijayendra.

An FIR was registered in Bengaluru's High Grounds police station under sections 125 (Promoting or attempting to promote on ground of religion, race, caste, community or language, feeling of enmity or hatred, between different classes of the citizens of India) of Representation of People Act (RPA) and 505 (2) (statements creating or promoting enmity, hatred or ill will between classes) of Indian Penal Code (IPC).

Speaking to The Quint, a police official said, "We received the complaint on Sunday (5 May). The three leaders have been booked under section 125 of RPA and 505(2) of IPC. Further investigation is underway."

Meanwhile, AV Suryasen, Special Officer (IT and Media) at the chief electoral office in Karnataka, told The Quint that a report was sent to the Election Commission of India in New Delhi on 5 May, asking the poll panel to instruct X to take down the post.

"As per a government order, the state nodal officer (appointed under Section 79(3)(b) of the IT Act 2000) is the Superintendent of Police, Cybercrime Division, CID, Bengaluru. After taking cognisance of the tweet, we sent it to three people. First, we sent it to the local jurisdictional election officer, who has then filed an FIR. Then, we simultaneously also referred the matter to the ECI and the state nodal officer asking them to issue a takedown notice."

On 5 May, the state nodal officer issued a notice to X and said:

"In this regard, you are hereby directed to take down the content under the following URI/ Links with immediate effect, as the content is in violation of Section 123(3) of RP Act, 1951."

In the circular dated 7 May and accessed by The Quint, the ECI said that despite Karnataka CEO directing X through the state nodal officer to take down the post, "the post has not been taken down yet."

"Therefore, 'X' is directed to take down the post immediately. This is issued with the approval of the competent authority," the circular said.

The Quint also reached out to BJP spokespersons in Karnataka for a response, but they declined to comment. However, as and when they agree, the article will be updated.

'Congress Should Thank BJP For Taking Their Manifesto to People': BJP

Questioning the FIR in relation to the 4 May video, the BJP's IT cell chief Amit Malviya asked whether Congress expects "to slip in draconian promises in their manifesto and not get called out".

"The Congress and its ecosystem have filed FIR(s) against the BJP’s national and state leadership for this post. Did the Congress expect to slip in draconian promises in their manifesto and not get called out? The Congress should in fact thank the BJP for taking their manifesto to the people in a manner that even they couldn’t. So, take a chill pill. India has seen through your sinister plans. Now face the electorate and perish."

Amit Malviya on a post on x

This video is the not the first time that the BJP has accused the Congress of Muslim appeasement, among other things.

Several BJP leaders have now spoken along similar lines, especially after Prime Minister Narendra Modi first accused the Congress of planning to redistribute the wealth of the majority Hindus among minority Muslims, who he called "infiltrators" who have "more children", in an election speech in Rajasthan.

Last month, the national BJP unit removed an animated video targeting the Congress that alleged that the party would snatch wealth from non-Muslims and distribute it to Muslims.

The BJP also claimed that the Congress's manifesto favoured the Muslim community, calling it a "Muslim League Manifesto." The Quint has fact-checked all these claims.