Firstpost: New Delhi: Monday, May
08, 2017.
The Prime
Minister's Office (PMO) has said it cannot divulge information on who has
sought permission to use Narendra Modi's photographs in advertisements, saying
that such an exercise needs a "thorough search".
In reply to a
Right to Information (RTI) query filed by a PTI correspondent, it said the
exercise would also "disproportionately" divert its resources because
the information was not available in a "consolidated" form.
"Collection
of information, if any, will require the undertaking of a thorough search of
every receipt or communication kept in all the files related to the
matter," the PMO said.
Such an
extensive exercise, it said, would "disproportionately divert the
resources of this office from the normal discharge of its functions and attract
the provision of Section 7(9) of the RTI Act, 2005."
Under the
Section, "information shall ordinarily be provided in the form in which it
is sought unless it would disproportionately divert the resources of the public
authority or would be detrimental to the safety or preservation of the record
in question."
The PMO was
asked to give details of permissions sought by companies, trusts and
individuals for using the prime minister's photographs with copies of communications
accepting or denying such requests.
In response
to another query, the PMO said it had no record of permission sought by
Reliance Jio and Paytm for the use of Modi's pictures in advertisements.
"The
information sought does not form part of the records held by this office,"
it said.
In September
last year, Reliance Jio had in full-page newspaper advertisements dedicated the
Reliance Jio 4G service to the Modi government's flagship Digital India
project.
The
advertisements were published with a photograph of the prime minister,
triggering a political controversy. Delhi chief minister Arvind Kejriwal had
tweeted: "PM of India openly endorses Reliance product."
After the
government announced demonetisation of currency notes on 8 November, Paytm, an Indian
digital wallet, issued an advertisement, with the PM's photograph, welcoming
the move as it boosted the use of online payments.
The
Department of Consumer Affairs had sent notices to both the companies under the
Emblems and Names (Prevention of Improper Use) Act of 1950, which bars the
commercial use of the prime minister's name and picture.
In March, the
government informed Parliament that Reliance Jio and Paytm had apologised for
their "inadvertent mistake" in using Modi's photograph in their advertisements
without permission.
Section 3 of
the Emblems and Names (Prevention of Improper Use) Act of 1950 stipulates that
"no person shall use or continue to use" any name or emblem for the
purpose of any trade, business, calling or profession without the permission of
the central government.
The law
provides that "any person who contravenes the provisions of the Section
shall be punishable with a fine, which may exceed to Rs 500".