PRESS NOTE
Section 126 of
the Representation of the People, 1951, prohibits displaying any election
matter by means, inter alia, of television or similar apparatus, 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 re-produced
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 mater” 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 Section 126 of the Representation of
the People Act, 1951 by TV channels in the telecast of their panel discussions/debates
and other news and current affairs programmes. The
Commission has clarified in the past that 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. In this connection, attention is also invited to Section
126A of the R.P. Act 1951, which prohibits conduct of Exit poll and
dissemination of their results during the period mentioned therein, in the hour
fixed for commencement of polls in the first phase and half hour after the time
fixed for close of poll for the last phase in all the States.
4. 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.
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
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 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.
6.
Attention of all media is also drawn to the following
guidelines issued by Press Council of India to follow 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 them 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.
The
above guidelines should be duly observed for compliance by all the concerned
media.
Election Commission of India
9th October , 2013 , New
Delhi
RM/RS