Election Commission releases guidelines on covering of election campaign




The Election Commission on 14th April 2009, came out with guidelines and clarifications regarding news items related to campaigning beyond the polling areas going to the polls during the period of 48 hours mentioned in Section 126 of the Representation of the People Act (RPA), 1951 in view of the multi-phased election.

The relevant portions of the said Section 126 are re-produced below:-

1. No person shall – display to the public any election matter by means of cinematograph, television or other 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. 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. In this Section, the expression “election matter” means any matter intended or calculated to influence or affect the result of an election.].

2. Some sections of the Media have sought clarifications regarding covering of news items related to campaigning elsewhere, i.e, outside the polling areas going to the polls, during the period of 48 hours mentioned in Section 126 of the Representation of the People Act, 1951. In a multi-phased election, during the period of 48 hours referred to in Section 126 in a particular constituency, campaigning may be going on in the constituencies going to polls in the subsequent phases.

3. It is clarified that news items covering the ongoing campaigning in other constituencies may be telecast/broadcast. However, no election matter intended/likely to influence or affect the result of election, related to the constituencies going to polls, should be telecast during the prohibited period of 48 hours referred to in Section 126, which may be seen in the constituencies going to polls.

4. Programmes involving the candidates from the constituencies that are going to polls including interviewing or projecting the candidates should not be telecast/broadcast during the prohibited period of 48 hours referred to in Section 126 of the Representation of the People Act 1951.

5. Programmes like debate/panel discussions etc may be telecast provided they are not in the nature of election campaign or promoting/prejudicing the prospects of any particular party or candidate(s).

It is also clarified/reiterated that no advertisement of political nature, whether of political parties, candidates or others, should be telecast/broadcast in the constituencies going to poll, during the period of 48 hours referred to in Section 126.

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