Can the Election Commission really regulate social media campaigning?

Earlier this month, Election Commissioner Anwarul Islam Sarkar told journalists that the Election Commission is preparing to bring digital and social media campaigning, such as on Facebook and YouTube, under formal electoral regulations for the first time. 

A nearly finalised draft of the revised electoral code includes new provisions specifying how online campaigns can be conducted, what content is prohibited, and what penalties apply for violations.

For instance, if passed, candidates, agents, and affiliates must submit platform names, account details, and email IDs to the returning officer (a government official during elections) before launching any digital campaign. All online campaigning must cease 48 hours before voting begins.

The new rules also prohibit defamatory, provocative, inflammatory or offensive content to religious, communal or gender sentiments. Campaign expenses for digital content, ads, and sponsorships must be included in the candidates' official expense reports. Foreign-funded digital ads will not be allowed.

While these measures sound effective in all likelihood, the question remains: To what extent can the EC regulate the social media campaigns? 

Why regulate now?

The digital transformation of Bangladeshi politics has been swift and sweeping. As of 2024, there are over 5.29 crore social media users in Bangladesh, largely concentrated on Facebook, who represent a significant electoral force​. The majority of these users are new voters who could not cast their votes during the Awami League regime. 

Political actors are aware of this shift. 

Bangladesh Nationalist Party (BNP), the National Citizens' Party (NCP), Jamaat-i-Islami and other parties are trying to capitalise on digital tools to reach potential voters across the country​ with their respective narratives. As elections approach, social media will be the new battleground in the coming days. 

However, this digital democracy has not come without distortion. Multiple reports, including those by Meta, Digitally Right, and Global Voices, have exposed how social media platforms have become arenas for "coordinated inauthentic behaviour" aimed at misleading voters, smearing political opponents, and manufacturing support​.

Often, during election time, misinformation and disinformation surge. Miraj Ahmed Chowdhury, founder of Digitally Right BD said, "We think that disinformation and hate speech will be more ahead of the next election compared to any time before. The authorities should discuss with social media platforms on how to manage misinformation and disinformation during election campaigns."

These influence campaigns have included everything from AI-generated deepfakes to disinformation spread through hacked or fake pages. In this context, the Election Commission's effort to formalise the regulation of online campaigning marks an overdue but welcome recognition of reality. 

Will the proposed rules help? 

The proposed amendments include several pivotal elements aiming to create a level playing field and increase transparency, especially as traditional forms of campaign finance regulation have become increasingly inadequate in the face of digital innovation. 

If enforced properly, such steps could help contain the flood of disinformation and track the black money that has undermined electoral integrity in past cycles. 

"This is a positive initiative. Political parties will, quite naturally, utilise digital platforms during election campaigns, which is why the code of conduct for parties and candidates should also apply online. Once the full guidelines are published, we will be able to assess their strengths and weaknesses," said prominent fact-checker and journalist Qadaruddin Shishir. 

Can they be enforced?

Yet, enforcing these regulations poses a mammoth challenge. As shown by Digitally Right's 2023 report, Meta's own advertising enforcement in Bangladesh remains riddled with loopholes​.

Dozens of political ads with no disclaimers or misleading origin labels were found running on Facebook. Many were not flagged, while others were misclassified, with commercial ads mistakenly labelled political and vice versa. 

Political figures and their affiliates have repeatedly exploited these gaps to run covert influence campaigns—often bypassing scrutiny with vague disclaimers or operating from unofficial proxy pages.

Even when platforms like Meta or TikTok do intervene, as they did in the lead-up to the January 2024 general elections by removing fake accounts and pages, bad actors often find alternative channels. Some disinformation campaigns that were taken down on Facebook continued to operate undisturbed on X (formerly Twitter) and YouTube​. And now with the relaxed fact-checking on Facebook, it will be harder to prevent disinformation campaigns. 

"Without comprehensive, cross-platform cooperation and strong domestic enforcement mechanisms, the proposed rules risk becoming aspirational rather than actionable," said Qadaruddin Shishir. 

Will it bring accountability?

Despite these concerns, the proposed regulations have the potential to enhance accountability—if implemented with transparency, fairness, and independent oversight. 

Miraj Ahmed Chowdhury thinks that mandating that all online campaign expenses be declared, audited, and included in the official expense cap could close the loopholes that currently allow parties to run parallel, unregulated digital campaigns. 

Equally crucial is the ban on foreign-funded online promotions, which, if enforced rigorously, could stem external interference in domestic politics.

The regulation could also strengthen the Election Commission's hand in monitoring the digital space. However, for this to succeed, the Commission must invest in both human and technical resources, including partnerships with fact-checkers, civil society, and academic researchers. 

Platforms like Meta, for their part, must expand their local teams and improve algorithmic transparency to ensure more accurate detection and moderation of political ads in Bangla and other regional languages.

Miraj Ahmed Chowdhury said, "The EC must ensure that the regulations prevent hate speech or misinformation or incite violence, but also not infringe upon the freedom of expression. They must find the balance. Therefore, they should conduct a series of meetings with various stakeholders before finalising the law. If they pass any regulation which can not be enforced, it will backfire." 

Qadaruddin Shishir added two specific recommendations regarding regulations for online election campaigns. "First, no party should be allowed to create social media accounts, pages, or websites under the name of another political party or its leaders to run election campaigns. 

Violations must carry penalties. There have already been instances of political campaigns being conducted through fake Facebook IDs and pages, leading to widespread confusion," he said. 

He added, "Second, if a political party's official campaign team operates a social media page or website designed to resemble a news outlet (eg, BangladeshNews.com), the 'About Us' section must clearly state that it is managed by the campaign team of a specific political party. Failure to do so should result in punitive measures." 

Looking beyond regulation, the proposed framework may actually empower the use of social media for positive democratic engagement. When used responsibly, digital platforms offer opportunities for smaller parties and independent candidates to reach voters without the deep pockets needed for traditional campaigns. 

Formalising the rules of the game does not necessarily restrict speech—it can, if done right, protect it from being drowned out by coordinated campaigns of hate and misinformation.