NEW DELHI, Aug 28: The Election Commission of India (ECI) has issued stringent guidelines regarding media coverage during the crucial 48-hour period preceding the conclusion of polling, often referred to as the “silence period.”
The Representation of the People Act, 1951 (R.P. Act), particularly Section 126, plays a significant role during elections by prohibiting the display of any election-related material via television, cinema, or similar apparatus during the 48 hours leading up to the close of polls. Violations of this provision are treated as serious offenses, punishable by imprisonment for up to two years, fines, or both. The law aims to ensure that voters can make their decisions in a calm environment, free from last-minute influence by political parties or candidates.
The ECI, in light of potential violations seen in previous elections, has reiterated the importance of adhering to these guidelines. The Commission has underscored that the media, particularly television channels and cable networks, must ensure that their content does not promote or prejudice the prospects of any political party or candidate during the restricted period. This includes refraining from airing debates, opinion polls, and panel discussions that could be construed as influencing the election outcome.
Further extending its reach, the ECI has also addressed the role of political advertisements during this sensitive time. All forms of political advertising on television, cable networks, radio, cinema halls, and digital platforms are banned during the silence period. The Commission has emphasized that even advertisements disguised as news items are prohibited from being displayed, regardless of prior scheduling. Any content that aims to sway voter opinion, even in subtle or indirect ways, will be strictly dealt with.
Special attention has been given to social media platforms, internet websites, and mobile messaging services. Platforms such as these must adhere to the Information Technology Act, 2000, and relevant guidelines. The Internet and Mobile Association of India (IAMAI) has developed a “Voluntary Code of Ethics” to ensure the ethical usage of platforms during elections, which remains in effect for the upcoming polls. These measures are intended to uphold the integrity of the electoral process and prevent undue influence on voters through digital channels.
Additionally, the ECI has reinforced that exit polls are strictly prohibited during the election period. No exit poll results are to be disseminated from the beginning of polling on the first day until half an hour after the close of polls across all states and union territories. This measure seeks to prevent the premature release of exit poll data that could potentially influence voter behavior in subsequent phases of multi-phased elections.
Print media is not exempt from these restrictions. The Press Council of India's guidelines and norms for journalists' conduct must be observed, particularly regarding the publication of political advertisements. Political parties, candidates, and other organizations are prohibited from publishing any election-related advertisements in print media on the day of polling and the day prior unless the content has been pre-certified by the appropriate committees. Advertisements masquerading as news headlines or content predicting a specific outcome for any party are to be strictly avoided.
The ECI's advisory emphasizes that all stakeholders, including print, electronic, and digital media, must observe these guidelines to ensure a fair and impartial electoral process. By enforcing these restrictions, the Commission aims to maintain the sanctity of the voting process and protect the voters' rights to make informed decisions without undue pressure or influence.
The upcoming assembly elections in Haryana and Jammu & Kashmir are being closely watched, not only for their political significance but also for how media outlets will navigate the stringent restrictions imposed by the ECI. With the elections scheduled for September and October 2024, all eyes will be on the adherence to these guidelines and the role that media coverage plays in shaping the electoral landscape.
