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.
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. 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
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