{"id":9094,"date":"2020-01-10T05:04:10","date_gmt":"2020-01-09T23:34:10","guid":{"rendered":"http:\/\/udaen.info\/?p=9094"},"modified":"2020-01-10T05:04:10","modified_gmt":"2020-01-09T23:34:10","slug":"general-election-to-the-legislative-assembly-of-nct-of-delhi-2020-media-coverage-during-the-period-referred-to-in-section-126-of-the-rp-act1951","status":"publish","type":"post","link":"https:\/\/udaen.info\/?p=9094","title":{"rendered":"General election to the Legislative Assembly of NCT of Delhi, 2020 – Media Coverage during the period referred to in Section 126 of the RP Act,1951."},"content":{"rendered":"
General election to the Legislative Assembly of NCT of Delhi, 2020 – Media Coverage during the period referred to in Section 126 of the RP Act,1951.<\/p>\n<\/div>\n
\n

The\u00a0Schedule for holding General Election to the Legislative Assembly of NCT of Delhi, 2020 has been announced on 6th\u00a0January, 2020.\u00a0\u00a0Poll is\u00a0scheduled to\u00a0be\u00a0held in single phase on 08.02.2020.\u00a0Section 126 of the Representation of the\u00a0People\u00a0Act, 1951\u00a0prohibits\u00a0displaying any election matter\u00a0by\u00a0means, inter alia, of television\u00a0or\u00a0similar apparatus,\u00a0during the period of 48 hours before the hour fixed for conclusion of poll\u00a0in\u00a0a constituency. The relevant portions of the said Section 126 are re-produced below:<\/p>\n

(126.\u00a0Prohibition\u00a0of public\u00a0meeting during period of forty-eight hours ending with hour fixed\u00a0for\u00a0conclusion of poll-<\/p>\n

(1)\u00a0No\u00a0person shall-<\/p>\n

(a)…………………<\/p>\n

(b) Display to the public any election matter by means of cinematograph, television or other similar apparatus;<\/p>\n

(c)……………………<\/p>\n

In\u00a0any polling area during the period of forty-eight hours ending with the \u00a0hour \u00a0fixed for the conclusion of the poll for any election\u00a0in\u00a0the polling area.<\/p>\n

(2)\u00a0Any person who contravenes the provisions of sub-section (1) shall\u00a0be \u00a0punishable with imprisonment for a term which may extend to two \u00a0years, \u00a0or with fine,\u00a0or\u00a0with both.<\/p>\n

(3)\u00a0In\u00a0this Section, the\u00a0expression\u00a0\u201celection\u00a0mater\u201d means\u00a0any.matter\u00a0intended\u00a0or \u00a0calculated\u00a0to\u00a0influence or affect the result of an election<\/p>\n

2.\u00a0During 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\u00a0election.\u00a0Violation of the aforesaid provisions of Section 126 is punishable with imprisonment up to a period of two years, or with fine or both.<\/p>\n

3.\u00a0The Commission once again reiterates that the TV\/Radio channels and cable networks\/internet website\/social media platforms 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 or candidate(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.<\/p>\n

4. \u00a0In this connection, attention is also invited to Section 126A of the R.P. Act 1951, which\u00a0prohibits conduct of Exit poll and dissemination of its results during the period mentioned therein,\u00a0i.e.\u00a0the hour fixed for commencement of poll and half an hour after the time fixed for close of poll.<\/p>\n

5.\u00a0During 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\u00a0 (Regulation)\u00a0 Act\u00a0 with\u00a0 regard to decency,\u00a0 maintenance\u00a0 of communal\u00a0 harmony,\u00a0 etc.\u00a0 All Internet websites and Social Media platforms must also comply with the provisions of The Information\u00a0\u00a0\u00a0\u00a0\u00a0 Technology\u00a0\u00a0\u00a0\u00a0\u00a0 Act, 2000\u00a0\u00a0\u00a0\u00a0 and\u00a0\u00a0\u00a0\u00a0\u00a0 ECI\u00a0\u00a0\u00a0\u00a0 guidelines No-491\/SM\/2013\/Communication, dt\u00a025th\u00a0October, 2013, for all political content on their platform. As regards political advertisement, the same needs pre-certification by the Committees set up at State\/District level as per the Commission’s order\u00a0 No. 509\/75\/2004\/JS-I, dt 15th April,2004.<\/p>\n

6.\u00a0Attention of all print media is also drawn to the following\u00a0guidelines issued \u00a0\u00a0 by Press Council of India\u00a0to follow for observance during the election:<\/p>\n

    \n
  1. It will be the duty of the Press to give objective reports about\u00a0elections\u00a0and\u00a0the\u00a0candidates.\u00a0 The newspapers\u00a0are not\u00a0expected\u00a0to\u00a0indulge in unhealthy election campaigns, exaggerated reports about any candidate\/party or incident during the elections.\u00a0 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.<\/li>\n
  2. 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\u00a0language.<\/li>\n
  3. 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.<\/li>\n<\/ol>\n

    iv.\u00a0The Press shall not accept any kind of inducement, financial or otherwise, \u00a0to project a candidate\/party. It shall not accept hospitality or other facilities \u00a0offered to them by or on behalf of any candidate\/party.<\/p>\n

    v.\u00a0The Press is not expected to indulge in canvassing of a particular \u00a0candidate\/party. If it does, it shall allow the right of reply to the other \u00a0candidate\/party.<\/p>\n

    vi.\u00a0The Press shall not accept\/publish any advertisement at the cost of public \u00a0exchequer regarding achievements of a party\/ government in power.<\/p>\n

    vii.\u00a0The Press shall observe all the directions\/ orders\/instructions of the \u00a0Election Commission\/Returning Officers or Chief Electoral Officer issued \u00a0from time to time.<\/p>\n

    7.\u00a0Attention of the electronic media is invited to the\u00a0“Guidelines for Election \u00a0Broadcasts”\u00a0issued by NBSA dt 3rd March, 2014.<\/p>\n

      \n
    1. \u00a0News broadcasters should\u00a0endeavour\u00a0to 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.<\/li>\n<\/ol>\n

      ii.\u00a0News channels shall disclose any political affiliations, either towards a party or candidate. Unless they publicly endorse or support a particular party or candidate, news broadcasters have a duty to be balanced and impartial, especially in their election reporting.<\/p>\n

      iii.\u00a0News broadcasters must endeavour to avoid all forms of rumor, baseless \u00a0speculation and disinformation, particularly when these concern specific \u00a0political parties or candidates.\u00a0Any\u00a0candidate\/political party, which has been \u00a0defamed or is a victim of misrepresentation, misinformation or other similar \u00a0injury\u00a0by broadcast of information should be afforded prompt correction, \u00a0and where appropriate granted an opportunity of reply.<\/p>\n

      iv.\u00a0News broadcasters must resist all political and financial pressures which \u00a0may affect coverage of elections and election related matters.<\/p>\n

      v.\u00a0News broadcasters should maintain a clear distinction between editorial \u00a0and expert opinion carried on their news channels.<\/p>\n

      vi.\u00a0News broadcasters that use video feed from political parties should disclose \u00a0it and appropriately tagged.<\/p>\n

      vii.\u00a0Special care must be taken to ensure that every element of news\/ \u00a0programmes dealing with elections and election related matters is accurate on \u00a0all facts relating to events, dates, places and quotes. If by mistake or \u00a0inadvertence any inaccurate information is broadcast, the broadcaster must \u00a0correct it as soon as it comes to the broadcaster’s notice with the same \u00a0prominence as was given to the original broadcast.<\/p>\n

      viii.\u00a0News broadcasters, their journalists and officials must not accept any \u00a0money, or valuable gifts, or any favour that could influence or appear to \u00a0influence, create a conflict of interest or damage the credibility of the \u00a0broadcaster or their personnel.<\/p>\n

      ix.\u00a0News broadcasters must\u00a0 not\u00a0 broadcast\u00a0 any\u00a0 form\u00a0 of\u00a0 ‘hate\u00a0 speech’ or \u00a0other obnoxious content\u00a0 that may lead\u00a0 to incitement\u00a0 of violence or \u00a0promote public unrest or disorder as election campaigning based\u00a0 on \u00a0communal or caste factors is prohibited under Election Rules. News \u00a0broadcasters should strictly avoid reports which tend to promote feelings of \u00a0enmity or hatred among people, on the ground of religion, race, caste, \u00a0community, region or language.<\/p>\n

      x.\u00a0News broadcasters are required to scrupulously maintain a distinction \u00a0between news and paid content.\u00a0 All paid content should be clearly marked \u00a0as “Paid Advertisement” or “Paid Content\u201d: and paid content must be \u00a0carried in compliance with the “Norms & Guidelines on Paid News” dated \u00a024.11.2011 issued by NBA.<\/p>\n

      xi\u00a0Special care must be taken to report opinion polls accurately and fairly, by \u00a0disclosing to viewers as to who commissioned, conducted and paid for the \u00a0conduct of the opinion polls and the\u00a0broadcast.\u00a0If a news broadcaster \u00a0carries the results of an opinion poll or other election projection, it must \u00a0also explain the context, and the scope and limits of such polls with their \u00a0limitations. Broadcast of opinion polls should be accompanied by \u00a0information to assist viewers to understand the poll’s significance, such as\u00a0 \u00a0the methodology used, the sample size, the margin of error, the fieldwork \u00a0dates, and data used. Broadcasters should also disclose how vote shares\u00a0 \u00a0are converted to seat shares.<\/p>\n

      xii.\u00a0The broadcasters shall not broadcast any “election matter” i.e. any matter \u00a0intended or calculated to influence or affect the result of an \u00a0election, during \u00a0<\/a>the 48 hours ending with the hours fixed for the conclusion\u00a0 of poll\u00a0in\u00a0 \u00a0violation of Section\u00a0126(1)(b) of\u00a0\u00a0the\u00a0Representation of the People Act1951.<\/p>\n

      xiii.\u00a0The Election Commission of India (ECI) will monitor the broadcasts made \u00a0by news broadcasters from the time elections are announced until the \u00a0conclusion and announcement of election results. Any violation by\u00a0 member \u00a0broadcasters\u00a0 reported to the News Broadcasting Standards\u00a0 Authority \u00a0(NBSA) by the Election Commission will be dealt with by the NBSA under \u00a0its regulations.<\/p>\n

      xiv.\u00a0Broadcasters should, to the extent possible, carry voter education \u00a0programmes to effectively inform voters about the voting process,\u00a0 the \u00a0importance of voting, including how, when and where to vote, to register to \u00a0vote and the secrecy of the ballot.<\/p>\n

      xv.\u00a0News broadcasters must not air any final, formal and definite results until \u00a0such results are formally announced by the Election Commission of India, \u00a0unless such results are carried with clear disclaimer that they are unofficial \u00a0or incomplete or partial results or projections which should not be taken as \u00a0final results.<\/p>\n

      8. \u00a0Internet and Mobile Association of India (IAMAI)\u00a0has also developed a\u00a0\u201cVoluntary Code of Ethics\u201d\u00a0for all the participating social media platforms to ensure free, fair & ethical usage of their platforms to maintain integrity of electoral process during the General Elections to the Lok Sabha 2019. As agreed by IAMAI, vide letter dated 23.09.2019, the \u201cVoluntary Code of Ethics\u201d shall be observed during all elections. Accordingly, the Code is also applicable in Delhi Assembly Elections 2020. Attention of all concerned Social Media platforms is invited to the following text of \u201cVoluntary Code of Ethics\u201d dt 20th\u00a0March, 2019:<\/p>\n

      i.\u00a0Participants will endeavour to, where appropriate and keeping in mind \u00a0the principle of freedom of\u00a0expression,\u00a0deploy appropriate policies and \u00a0processes to facilitate access to information regarding electoral matters \u00a0on their products and\/ or services.<\/p>\n

      ii.\u00a0Participants will endeavour to voluntarily undertake information, \u00a0education and communication campaigns to build awareness including \u00a0electoral laws and other related\u00a0instructions.\u00a0Participants will also \u00a0endeavour to impart training to the nodal officer at ECI on their \u00a0products\/\u00a0services,\u00a0including mechanism for sending requests as per \u00a0procedure established by law.<\/p>\n

      iii.\u00a0Participants and the Election Commission of India (ECI) have developed a \u00a0notification mechanism by which the ECI can notify the relevant \u00a0platforms of potential violations of Section 126 of the Representation of \u00a0the People Act, 1951 and other applicable electoral laws in accordance \u00a0with procedures established by law. These valid legal orders will be \u00a0acknowledged and\/ or processed within 3 hours for violations reported \u00a0under Section 126 as per the Sinha Committee recommendations. All \u00a0other valid legal requests will be acted upon expeditiously by the \u00a0Participants, based on the nature of reported violation.<\/p>\n

      iv.\u00a0Participants are creating\/opening a high priority dedicated reporting \u00a0mechanism for the ECI and appoint dedicated person(s) \/ teams during \u00a0the period of General Elections to interface with and to exchange \u00a0feedback as may assist with taking expeditious action upon receipt of \u00a0such a lawful\u00a0request,\u00a0following due legal\u00a0process,\u00a0from the ECI.<\/p>\n

      v.\u00a0Participants will provide a mechanism for relevant political advertisers, in accordance with their obligations under law,\u00a0to submit pre-certificates issued by ECI and\/or Media Certification & Monitoring Committee (MCMC) of the ECI in relation to election advertisements that feature names of political parties, candidates for the Haryana & Maharashtra Assembly Elections and the Bye-Elections to various Parliamentary Constituencies and Assembly Constituencies being held simultaneously. Further, Participants shall expeditiously process\/action paid political advertisements lawfully notified to Participants by the ECI that do not feature such certification.<\/p>\n

      vi.\u00a0Participants will commit to facilitating transparency in paid political \u00a0advertisements, including utilising their pre-existing labels\/ disclosure \u00a0technology for such advertisements.<\/p>\n

      vii.\u00a0Participants will, pursuant to a valid request received from the ECI, via \u00a0Internet and Mobile Association of India\u00a0(IAMAI)\u00a0provide an update on \u00a0the measures taken by them to prevent abuse of their respective \u00a0platforms.<\/p>\n

      viii.\u00a0IAMAI will coordinate with the Participants on the steps carried out \u00a0under this Code and IAMAI as well as Participants will be in constant \u00a0communication with the ECI during the election period.<\/p>\n

      The above guidelines should be duly observed for compliance by\u00a0all\u00a0the concerned media.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

      General election to the Legislative Assembly of NCT of Delhi, 2020 – Media Coverage during the period referred to in Section 126 of the RP Act,1951. The\u00a0Schedule for holding General Election to the Legislative Assembly of NCT of Delhi, 2020 has been announced on 6th\u00a0January, 2020.\u00a0\u00a0Poll is\u00a0scheduled to\u00a0be\u00a0held in single phase on 08.02.2020.\u00a0Section 126 of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_monsterinsights_skip_tracking":false,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[21],"tags":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/udaen.info\/index.php?rest_route=\/wp\/v2\/posts\/9094"}],"collection":[{"href":"https:\/\/udaen.info\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/udaen.info\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/udaen.info\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/udaen.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9094"}],"version-history":[{"count":1,"href":"https:\/\/udaen.info\/index.php?rest_route=\/wp\/v2\/posts\/9094\/revisions"}],"predecessor-version":[{"id":9095,"href":"https:\/\/udaen.info\/index.php?rest_route=\/wp\/v2\/posts\/9094\/revisions\/9095"}],"wp:attachment":[{"href":"https:\/\/udaen.info\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9094"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/udaen.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9094"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/udaen.info\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9094"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}