The
schedule for calling General Elections to the Legislative Assemblies of Himachal
Pradesh & Gujarat has been announced on 12th October, 2017 and
26th October, 2017 respectively. Poll in Himachal Pradesh is
scheduled to be held in single phase on 9th November, 2017 while in
Gujarat poll is scheduled to be held in two phases on 9th & 14th
December, 2017. Section 126 of Representation of the People Act, 1951,
prohibits displaying any election matter by means, inter alia, of television or
similar medium/means, during the period of 48 hours before the hour fixed for
conclusion of poll in a constituency. The relevant portions of the said Section
126 are reproduced below: –
(126. Prohibition of
public meeting during period of forty-eight hours ending with hour fixed for
conclusion of poll-
(1) No person
shall –
(a) ………………….
(b) Display
to the public any election matter by means of cinematograph, television or
other similar apparatus;
(c) …………………….
In any polling
area during the period of forty-eight hours ending with the hour fixed for the
conclusion of the poll for any election in the polling area.
(2) Any
person who contravenes the provisions of sub-section (1) shall be punishable
with imprisonment for a term which may extend to two years, or with fine, or
with both.
(3) In
this Section, the expression “election matter” means any matter intended or
calculated to influence or affect the result of an election.)
2. During
elections, there are sometimes allegations of violation of the provisions of
the above mentioned Section 126 of Representation of the People Act, 1951 by TV
channels in the telecast of their panel discussions/debates and other news and
current affairs programmes. As above mentioned, the said Section 126 prohibits
displaying any election matter by means, inter alia, of television or similar
apparatus, during the period of 48 hours ending with the hour fixed for
conclusion of poll in a constituency. “Election matter” has been defined in
that Section as any matter intended or calculated to influence or affect the
result of an election. Violation of the aforesaid provisions of Section 126 is
punishable with imprisonment upto a period of two years, or with fine or both.
3. The
Commission once again reiterates that the TV/Radio channels and cable networks
should ensure that the contents of the programme telecast/broadcast/displayed
by them during the period of 48 hours referred to in Section 126 do not contain
any material, including views/appeals by panelists/participants that may be
construed as promoting/prejudicing the prospect of any particular party or
candidate(s) or influencing/affecting the result of the election. This shall,
among other things, include display of result of any opinion poll and of
standard debates, analysis, visuals and sound-bytes.
4. In this
connection, attention is also invited that in exercise of the power under
sub-section (1) of Section 126A of the R.P. Act 1951, the Election Commission,
having regards to the provisions of sub-section (2) of the said Section, notified
the period between 8.00 A.M. on 09.11.2017 (Thursday) and upto 6.00 P.M. on
14.12.2017 (Thursday) as the period during which conducting any Exit Poll
and publishing or publicizing by means of the print or electronic media or
dissemination in any manner, whatsoever, the result of any exit poll in
connection with the current General Elections to the Legislative Assemblies
of Himachal Pradesh and Gujarat, shall be prohibited.
5. During the
period not covered by Section 126 or Section 126A, concerned TV/Radio/Cable/FM
channels are free to approach the state/district/local authorities for
necessary permission for conducting any outdoor broadcast related events which
must also conform to the provisions of the model Code of Conduct and the
programme code laid down by the Ministry of Information and broadcasting under
the Cable Network (Regulation) Act with regard to decency, maintenance of
communal harmony, etc. They are also required to stay within the provisions of
Commission’s guidelines dated 27th August, 2012 and subsequent instructions
regarding paid news and related matters. Concerned Chief Electoral
Officer/District Election Officer will take into account all relevant aspects
including the law and order situation while extending such permission. As
regards political advertisements, the same needs pre-telecast/broadcast
certification by the Committees set up at the State/District level as per the
Commission’s order No. 509/75//2004/JS-I dt 15.04.2004.
6. Attention of
all Print Media is also drawn to the following guidelines issued by Press
Council of India on 30.07.2010 to be followed for observance during the
election:
(i)
It will be the duty of the Press to give objective reports about
elections and the candidates. The newspapers are not expected to indulge in unhealthy
election campaigns, exaggerated reports about any candidate/party or incident
during the elections. In practice, two or three closely contesting candidates
attract all the media attention. While reporting on the actual campaign, a
newspaper may not leave out any important point raised by a candidate and make
an attack on his or her opponent.
(ii)
Election campaign along communal or caste lines is banned under the
election rules. Hence, the Press should eschew reports, which tend to promote
feelings of enmity or hatred between people on the ground of religion, race,
caste, community or language.
(iii)
The Press should refrain from publishing false or critical statements in
regard to the personal character and conduct of any candidate or in relation to
the candidature or withdrawal of any candidate or his candidature, to prejudice
the prospects of that candidate in the elections. The Press shall not publish
unverified allegations against any candidate/party.
(iv) The
Press shall not accept any kind of inducement, financial or otherwise, to
project a candidate/party. It shall not accept hospitality or other facilities
offered to it by or on behalf of any candidate/party.
(v)
The Press is not expected to indulge in canvassing of a particular
candidate/party. If it does, it shall allow the right of reply to the other
candidate/party.
(vi)
The Press shall not accept/publish any advertisement at the cost of public
exchequer regarding achievements of a party/government in power.
(vii)
The Press shall observe all the directions/orders/instructions of the
Election Commission/Returning Officers or Chief Electoral Officer issued from
time to time.
7. Attention of
the electronic media is also invited to the “Guidelines for Election
Broadcasts” issued by NBSA dt 3rd March, 2014.
The
above guidelines should be duly observed for compliance by all concerned.
Election
Commission of India
New
Delhi ; 7th November ,2017
RM/
