Bye-elections to fill casual vacancies in the State Legislative Assemblies
Bye-elections to fill casual vacancies in the State
Legislative Assemblies of Uttar Pradesh, Madhya Pradesh, Karnataka, Bihar,
Telangana, Maharashtra, Punjab and Tripura – Media Coverage during the period
referred to in Section 126 of RP Act, 1951.
The schedule for bye-elections to fill
casual vacancies in the State Legislative Assemblies of Uttar Pradesh, Madhya
Pradesh, Karnataka, Bihar, Telangana, Maharashtra, Punjab and Tripura has been
announced on 12th January, 2016. Poll is scheduled to be held
on 13th February, 2016. Section 126 of Representation of the
People Act, 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 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 to Section 126A of the R.P. Act 1951, which prohibits conduct of
Exit poll and dissemination of their results during the period reckoned from
the commencement of polls in the first phase and till half hour after the close
of poll for the last phase in the State.
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 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 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.
(i) News broadcasters should endeavour to inform the
public in an objective manner, about relevant electoral matters, political
parties, candidates, campaign issues and voting processes as per rules and
regulations laid down under The Representation of the People Act 1951 and by
the Election Commission of India.
(ii)
News channel shall disclose any political affiliations, either towards a party
or candidate. News broadcasters have a duty to be balanced and impartial,
especially in their election reporting.
(iii)
News broadcasters must endeavour to avoid all forms of rumor, baseless
speculation and disinformation, particularly when these concern specific
political parties or candidates. Any candidate/political party, which has been
defamed or is a victim of misrepresentation, misinformation or other similar
injury by broadcast of information should be afforded prompt correction, and
where appropriate granted an opportunity of reply.
(iv)
News broadcasters must resist all political and financial pressures which may
affect coverage of elections and election related matters.
(v)
News broadcasters should maintain a clear distinction between editorial and
expert opinion carried on their news channels.
(vi)
News broadcasters that use video feed from political parties should disclose it
and appropriately tag it.
(vii)
Special care must be taken to ensure that every element of a news/programmes
dealing with elections and election related matters is accurate on all facts
relating to events, dates, places and quotes. If by mistake or inadvertence any
inaccurate information is broadcast, the broadcaster must correct it as soon as
it comes to the broadcaster’s notice with the same prominence as was given to
the original broadcast.
(viii) News
broadcasters, their journalists and officials must not accept any money, or
gifts, or any favour that could influence or appear to influence, create a
conflict of interest or damage the credibility of the broadcaster or their
personnel.
(ix)
News broadcasters must not broadcast any form of ‘hate speech’ or other obnoxious
content that may lead to incitement of violence or promote public unrest or
disorder as election campaigning based on communal or caste factors is
prohibited under Election laws. News broadcasters should strictly avoid reports
which tend to promote feelings of enmity or hatred among people, on the ground
of religion, race, caste, community, region or language.
(x)
News broadcasters are required to scrupulously maintain a distinction between
news and paid content. All paid content should be clearly marked as “Paid
Advertisement” or “Paid Content” : and paid content must be carried in
compliance with the “Norms & Guidelines on Paid News” dated
24.11.2011.
(xi)
Special care must be taken to report opinion polls accurately and fairly, by
disclosing to viewers as to who commissioned, conducted and paid for the
conduct of the opinion polls and the broadcast. If a news broadcaster carries
the results of an opinion poll or other election projection, it must also
explain the context, and the scope and limits of such polls with their
limitations. Broadcast of opinion polls should be accompanied by information to
assist viewers to understand the poll’s significance, such as the methodology
used, the sample size, the margin of error, the fieldwork dates, and data used.
Broadcasters should also disclose how vote shares are converted to seat shares.
(xii) The
Election Commission of India (ECI) will monitor the broadcasts made by news
broadcasters from the time elections are announced until the conclusion and
announcement of election results. Any violation by member broadcasters reported
to the News Broadcasting Standards Authority (NBSA) by the Election Commission
will be dealt with by the NBSA under its regulations.
(xiv)
Broadcasters should, to the extent possible, carry voter education programmes
to effectively inform voters about the voting process, the importance of
voting, including how, when and where to vote, to register to vote and the
secrecy of the ballot.
(xv) News
broadcasters must not air any final, formal and definite results until such
results are formally announced by the Returning Officer, unless such results
are carried with clear disclaimer that they are unofficial or incomplete or
partial results or projections which should not be taken as final results.
The above
guidelines should be duly observed for compliance by all concerned.
Election Commission of India
New Delhi : 20th January
,2016
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