Election-related displays prohibited during the 48 hours leading up to the polls, ECI issues media guidelines

The Election Commission of India (ECI) has issued guidelines for media coverage for the upcoming Lok Sabha elections in 2024. The guidelines prohibit any election-related displays during the 48 hours leading up to the polls.

This is in accordance with Section 126 of the Representation of the People Act, 1951 which has been violated in the past by TV channels during panel discussions, debates, and other news programmes.

The ECI has clarified that 'election matter', which is any content intended to influence the election result, should not be displayed on television or similar platforms during the stated period. Violation of these rules can lead to imprisonment up to two years, a fine, or both.

General elections to Lok Sabha and Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim, 2024 - Media Coverage during the period referred to in Section 126 of the R.P. Act, 1951 and other guidelines regarding.

The schedule for holding the General Election to Lok Sabha and Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim, 2024 has been announced on 16.03.2024. Poll is scheduled to be held in multiple phases on 19.04.2024, 26.04.2024, 07.05.2024, 13.05.2024, 20.05.2024, 25.05.2024 & 01.06.2024.

Also Read: No exit poll from April 19 to June 1 in Arunachal, Sikkim, announces ECI

In this regard, the attention of all media is invited to Section 126(1)(b) of the 

Representation of the People Act, 1951 that prohibits displaying any election matter by means, inter alia, of television, cinematograph or similar apparatus, 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. The relevant portions of the said Section 126 are reproduced below:

Prohibition of public meetings during period of forty-eight hours ending with an hour fixed for the conclusion of poll-

(1) No person shall display to the public any election matter by means of cinematograph, television or other similar apparatus;

In any polling areas 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 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 up to 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 programmes 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 orcandidate(s) or influencing/ affecting the result of the election. This shall, among other things include display of any opinion poll and of standard debates, analysis, visuals and sound-bytes.

4. Political advertisements on any election matter in TV, cable networks, radio, Cinema Halls, use of bulk SMS/voice messages, audio visual displays 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 is also prohibited. "Election matter" is defined as any matter intended or calculated to influence or affect the result of an election.

5. Section 126 of the Representation of People Act, 1951, deals with prohibition of public meeting(s) or propagating and displaying election matter(s) to public, during the operation of silence period. However, it is not applicable in a case of multi-phased elections i.e. when the elections are held on different dates, if content of election matter relates to subsequent phase(s) and in no way, have any reference to the polling area, under silence period.

6. Attention is also invited to Section 126A of the R.P. Act 1951, which prohibits conduct of Exit poll and dissemination of its results during the period mentioned therein, i.e. from the beginning of the hours fixed for poll on the first day of poll (Phase 1) and continue till half an hour after closing of the poll in all the States and Union territories (phase 7). Separate instructions will also be issued specifying the prohibition period for Exit Polls.

7. During the period not covered by Section 126, concerned TV/Radio/Cable/FM channels/internet websites/Social Media platforms are free to approach the state/ district/ local authorities for necessary permission for conducting any broadcast/Telecast related events (other than exit polls) which must also conform to the provisions of the model code of conduct, 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.

8. Attention of all internet websites and social media plalforms is also invited to the provisions of The Information Technology Act, 2000, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and ECI guidelines No-491/SM/2013/Communication, dt 25th October, 2013 (Annexure-I), for all political content on their platform. As regards political advertisement on electronic media, the same needs pre-certification by the Committees set up at State/District level as per the Commission's order No. 509/75/2004/JS-I, dt 15th April, 2004 and letter no. 491/Paid News/2019/Communication dated 25.02.2019.

9. Attention of all print media is also invited to the guidelines issued by Press Council of India dated 30.07.2010 and 'Norms of Journalists Conduct - 2022' to follow for observance during the election. (Annexure-II)

10. Attention of the electronic media is invited to the "Guidelines for Election Broadcasts" issued by NBSA dt 3rd March, 2014. (Annexure-III)