The Press Council of India has advised the media to strictly adhere to the provisions of Section 126A of the Representation of the People Act, 1951
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NEW DELHI — The Press Council of India on Monday advised the media to strictly adhere to the provisions of Section 126A of the Representation of the People Act, 1951, as well as its own guidelines on pre-poll and exit polls, in view of the upcoming General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal, and Puducherry, along with bye-elections to eight Assembly constituencies across Goa, Gujarat, Karnataka, Maharashtra, Nagaland, and Tripura.
In a statement, the Press Council of India emphasised the need for responsible reporting by the print media during the sensitive electoral period. It urged media organisations to take note of the legal restrictions imposed under Section 126A of the Representation of the People Act, 1951, which pertains to the prohibition on conducting, publishing, or disseminating exit poll results during a specified period notified by the Election Commission of India.
As per the provisions of the law, no person is permitted to conduct any exit poll or publish or publicise its results through print, electronic, or any other form of media during the restricted period. The Election Commission is authorised to notify the date and time of this prohibition, taking into account the schedule of polling. In the case of general elections, the restriction begins from the start of polling on the first day and continues until half an hour after the conclusion of polling across all states and Union Territories.
Similarly, for bye-elections, the restricted period commences from the beginning of polling on the first day and continues until half an hour after the end of the last poll. In instances where multiple bypolls are conducted on different dates, the restriction extends from the start of the first polling day to half an hour after the conclusion of the final poll.
The Press Council further clarified that any violation of these provisions would attract penal consequences. Individuals found contravening Section 126A may face imprisonment for a term of up to two years, a fine, or both.
In addition to the statutory provisions, the Council highlighted its 'Norms of Journalistic Conduct, 2022 Edition,' particularly the guidelines relating to pre-poll and exit poll reporting. It stressed that given the vital role of elections in a representative democracy, newspapers must remain vigilant against being used as platforms for misinformation, manipulation, or propaganda.
The advisory noted that the media is increasingly being targeted by vested interests seeking to influence public opinion through subtle or overt means, including caste-based, religious, or ethnic narratives, as well as through allegedly sponsored pre-poll surveys. While overtly communal or seditious content can often be identified, the manipulation of pre-poll surveys may be more difficult to detect.
To ensure transparency and credibility, the Press Council advised that whenever newspapers publish pre-poll surveys, they must clearly disclose key details. These include the name of the organisation or agency that conducted the survey, the individuals or organisations that commissioned it, the size and nature of the sample, the methodology used for selecting respondents, and the possible margin of error in the findings.
The Council also expressed concern over the publication of exit poll data during staggered elections, where polling is conducted in multiple phases. It noted that releasing such information before the completion of all phases could influence voters in regions where polling is yet to take place, thereby compromising the fairness of the electoral process.
To safeguard the integrity of elections and ensure that voters are not influenced by premature disclosures, the Press Council reiterated its guideline that no newspaper should publish exit poll surveys, regardless of their authenticity, until the final phase of polling has concluded.
Reinforcing its advisory, the Council urged all print media outlets to refrain from publishing or publicising any exit poll-related content during the restricted period specified under Section 126A. It stressed that adherence to these norms is essential to uphold the sanctity of the democratic process and maintain public trust in the media.