General election to Legislative Assemblies of Haryana, and Jammu and
Kashmir, 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 Legislative Assemblies of
Haryana, and Jammu and Kashmir,2024 has been announced on 16.08.2024. Poll is
scheduled to be helpful in 03 phases in Jammu and Kashmir on 1 8.09.2 024,25.0g.2024,
01.10.2024 and in single phase in Haryana on 01.10.2024.
In this regard, attention of all media is invited to the Section 126(1Xb) 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 re-produced below:
(126. Prohibition of public meeting during period of forty-eight hours ending with
hour fixed for conclusion of poll-
(1) No person shail-
(a)..-
(b) Display to the public any election matter by means of cinematograph,
television or other similar apparatus;
(c)…………
In any polling area during the pcriod of forty-cight hours ending with thc
hour fixed for thc conclusion of the poll for any election in the polling area.
Af,y pcrson who contravencs thc provisions of sub-section (1) shall be
(2)
(3)
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. During collections, there are sometimes allegations of violation of the provisions
of thc above Section 126 of the I{representation of the People Act, 1951 by TV
channels in the telecast of their panel discussions/debates and other news and current
affairs programmes. l’he 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, in any polling area during the period of forty-eight hours ending
with thc hour fixed for the conclusion of the poll for any election in the polling area.
“Election matter, has been defined in that Section as any matter intended or
calculated to influence or aff’ect 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. Thc Commission oncc again reiteratcs that the TV/Itadio channels and cable
networks should ensure that the contents of the programmes telecast/broaclcast/
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
candidatc(s) or influencing/ affecting thc result of the election. This shall, arrong
othcr things include display of any opinion poll ancl 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, Aurelio 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. Political
advertisements related to election matters, even if disguised in another form, like ads
masquerading as news items/headlines, arc strictly prohibited from being displayed
during the silence period in the polling area, regardless of prior scheduling.
5. Section 126 of the Representation of People Act, 1951, deals with prohibition
ofpublic meeting(s) or propagating and displaying election matter(s) to public, during
the operation of silence period in polling area. I{owever, 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 l26Lof the R.P. Act 1951, which prohibits
coniluct 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 and
continue till half an hour after closing of the potl in all the States and Union territories.
Separate instructions will be issued speci$ring the prohibition period for Exit Polls
in the ongoing elections.
7 . During thc pcriod not covcrcd by Scction 126, concemed TV/Itadio/Cable/FM
channels/internet websites/Social Media platforms are free to approach the state/
district/ local authorities for necessary permission for conducting any
broadcast/’I’elecast 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 Ilroadcasting under the Cable Network (Itegulation)
Act with regard to decency, maintenance of communal harmony, etc.
8. Attention of all Internet websites and Social Media platforms is also invited to the
provisions of ‘l’he Inforrnation l’echnology Act, 2000, Inlonnation Technology
(Intermediary Guidelines and Digital Media Ilthics Code) Rules, 2021 and llCl
guidelines No-491/SM l20l3lCommunication, dt 25’hoctober, 2013 (Annexure-I), for
all political contcnt on thcir platforrn. As rcgards political advertisement on clcctronic
mcdia, thc same nccds pre-certification by the Committees set up at State/I)istrict
level as per the Commission’s order No. 509/7512004115-I, dt i5th April,2004 and
lettcr no. 49 | lP aid News/20 1 9/Communication dated 25 .02.20 19 .
9. Attention of all print media is also invited to the guidelines issued by Prcss
Council of India dated 30.07.2010 and ‘Norms of Journalists Conduct – 2022’ to
follow lor observance during the election. (Annexure-11)
10. Attention of the electronic media is invited to the “Guidelines for Election
Broadcasts” issued by NBSA dt 3rd March, 20L4. (Annexure-Il!
11. Internet and Mobile Association of India (IAMAI) has also developed a
“Voluntary Code of Ethics” for all the participating social media platforms to ensure
[rcc, lair & cthical usage of their platforms to maintain integrity of the electoral
proccss during thc General lilcctions to thc Lok Sabha 2019. As agreed by IAMAI,
vide lcttcr datcd 23.09.2019, thc “Voluntary Code of lithics” shall be observed during
all elections.Acaadt4gly. thc Code iq al5a applicable in ongo . Attention
of ail concerned Social Media platforms is invited to the “Voluntary Code ol Ethics”
dt 20th March, 2019 in this regard. (Annexure-IV)
12. Further, it is also informed that no Political Party or Candidate or any other
Organisation or Person shall publish any Advertisement in the print media on poll
day and one day prior to poll day, unless the contents of political advertisements
are got pre-ccrtificd by them from the MCMC Committee at thc State/District
level, as the case may bc. The applicants shall have to apply to MCMC not iater than
02(two) days prior to the proposed datc of publication of such advertisements.
13. As mentioned in the IICI advisory dated March 1,2024, Political advertisements
especially sky bus advertisements masquerading as news headlines to mislead readers
shall not be published in newspapers. ‘Here should be explicit restrictions on
advertisement predicting the victory of a particular party and any form of speculative
contcnt rclated to election outcomes shall be avoided. Attention is also drawn to the
Part (A) para2 (xii) of Press Council’s Norms of Journalist conduct which provides
that “An editor shall be responsible for all matters, including advertisements
published in thc newspaper. If responsibility is disclaimed, this shall be explicitly
stated beforehand.”
‘l’he above advisory should be duly observed by all the concerned stakeholders.
(Rajesh Kumar Singh)
Under Secretary
Annexure-I
No. 491/SM/2013/Communication Dated: 25th October, 2013
To,
1. Chief Electoral Officers of all States and Union Territories
2. Presidents/General Secretaries of All National/State recognized
Political Parties.
Subject: Instructions of the Commission with respect to use of Social Media
in Election Campaigning.
Sir,
The Commission’s attention was drawn to use of social media for election
campaigning and also certain violations of the Electoral Law in the social
media, which need to be regulated in the interest of transparency and level
playing field in the elections.
Social media refers to the means of interactions among people in which
they create, share, and/or exchange information and ideas in virtual
communities and networks. It differentiates from traditional/industrial
media in many aspects such as quality, reach, frequency, usability,
immediacy, and permanence. The prevalence of Web and social media has
increased over the years and there have been demands from the political
and social groups to regulate the social media during elections as other
media is regulated.
There are broadly five different types of social media:
a) collaborative projects (for example, Wikipedia)
b) blogs and micro blogs (for example, Twitter)
c) content communities (for example, YouTube)
d) social networking sites (for example, Facebook)
e) virtual game-worlds (e.g., Apps)
Legal provisions relating to election campaigning apply to social media in
the same manner in which they apply to any other form of election
campaigning using any other media. Since social media is a relatively new
form of media, it appears necessary to clarify to all concerned by the
following instructions:-
A. Information to be given by candidates about their social media
accounts.
Candidates are required to file affidavits in Form-26 at the time of filing of
nominations. Detailed instructions and the format in which the affidavits
have to be filled were issued vide the Commission’s letter No. 3/4/2012/
SDR dated 24, August, 2012. Para 3 of this Form requires that email ID of
the candidate, if any, should be communicated to the Commission in this
Form. The Commission finds it necessary that authentic social media
accounts of candidates should also be informed to the Commission. This
information should be furnished in the said Para 3 as follows:-
“My contact telephone no.(s) is/are…………….. ,
my email ID (if any) is …… ,
and my social media accounts (if any) are… ……………………..
”
B. Pre-Certification of Political Advertisements
In pursuance of the Hon’ble Supreme Court of India’s Order in SLP (Civil)
N. 6679/2004, dated 13 April,2004, the Commission issued detailed
instructions on this subject vide its order no. 509/75/2004/JS- 1/4572 dated
15.04.2004. In this order, it was stated that every registered/ national and
State political party and every contesting candidate proposing to issue
advertisements on television channels and/ or on cable network will have
to apply to Election Commission of India/designated officer for pre-
certification of all political advertisements on electronic media before the
publication. The order was further modified and consolidated vide
Commission’s order dated 27.08.2012, wherein Media Certification and
Monitoring Committees at district and State levels were given the
responsibilities of pre-certification of such advertisement along with other
functions viz acting against Paid News etc. Since social media websites are
also electronic media by definition, therefore, these instructions of the
Commission contained in its order No.509/75/2004/JS- 1/4572 dated
15.04.2004 shall also apply mutatis mutandis to websites including social
media websites and shall fall under the purview of pre-certification.
You are, therefore, requested to ensure that no political advertisements are
released to any internet based media/websites, including social media
websites, by political parties/ candidates without pre-certification from
competent authorities in the same format and following the same
procedures as referred in the aforesaid orders.
C. Expenditure on campaigning through internet including social media
websites.
According to Section 77, sub section (1), of Representation of the People
Act, 1951, every candidate is required to keep a separate and correct account
of all expenditure in connection with the election incurred or authorized by
him or by his election agent between the date on which he has filed
nomination and the date of declaration of the result thereof, both dates
inclusive. The Hon’ble Supreme Court of India had directed in Common
Cause Vs. Union of India in 2005 that political parties should also submit
a statement of expenditure of elections to the ECI and such statements are
required to be submitted within 75 days of assembly elections and 90 days
of Lok Sabha elections. It is obvious that expenditure on election campaign
through any advertisement in social media is a part of all expenditure in
connection with the elections.
For the sake of removing any ambiguity, it is hereby directed that candidates
and political parties shall include all expenditure on campaigning, including
expenditure on advertisements on social media, both for maintaining a
correct account of expenditure and for submitting the statement of
expenditure. This, among other things, shall include payments made to
internet companies and websites for carrying advertisements and also
campaign related operational expenditure on making of creative
development of content, operational expenditure on salaries and wages
paid to the team of workers employed by such candidates and political
parties to maintain their social media accounts, etc.
D. Application of Model Code of Conduct to content on internet including
social media.
The Commission has a model code of conduct in place during the elections
in respect of political parties and candidates which remain in force from
the date the elections are announced by the Commission till the completion
of elections. It is clarified that the provisions of model code of conduct and
related instructions of the Commission issued from time to time shall also
apply to the content being posted on the internet, including social media
websites, by candidates and political parties.
E. As far as the content posted by persons other than candidates and political
parties is concerned, the Commission is considering the matter in
consultation with the Ministry of Communication and Information
Technology on practical ways to deal with the issue, in so far as they relate
to, or can be reasonably connected with, the election campaigning of
political parties and candidates.
These instructions may please be brought to the notice of all concerned
including candidates, political parties, media and election observers for
immediate necessary action.
Yours faithfully,
(Rahul Sharma)
(Under Secretary)
Tel. 011-23052070
Email: [email protected]
Annexure-II
Guidelines issued by Press Council of India dtd 30.07.2010 to follow for observance during
the election:
i. It will be the duty of the Press to give objective reports about elections and the candidates.
The newspapers are not expected to indulge in unhealthy election campaigns, exaggerated
reports about any candidate/party or incident during the elections. 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.
ii. 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 language.
iii. 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.
iv. The Press shall not accept any kind of inducement, financial or otherwise, to project a
candidate/party. It shall not accept hospitality or other facilities offered to them by or on
behalf of any candidate/party.
v. The Press is not expected to indulge in canvassing of a particular candidate/party. If it
does, it shall allow the right of reply to the other candidate/party.
vi. The Press shall not accept/publish any advertisement at the cost of public exchequer
regarding achievements of a party/ government in power.
vii. The Press shall observe all the directions/ orders/instructions of the Election
Commission/Returning Officers or Chief Electoral Officer issued from time to time.
‘Norms of Journalists Conduct- 2022’
i) Newspaper should specifically mention “Marketing Initiative” on Supplement/special
edition itself to distinguish them from various reports.
ii) The newspaper should not mis-construe or misquote the statements given by leader.
The statements quoted in editorial should project the true spirit of what is being tried to be
conveyed by them.
iii) Columns of news items which largely indicate names of voters on Caste basis and
supporters of the candidate of particular political party, such tenor and manner of presentation
of news establish the report to be paid news.
iv) Political news published in competing newspaper with similar content strongly
suggests such reports to be paid news.
v) Two newspapers publishing same news item verbatim during election days is not
accidental and it is evident that such news items have been published for consideration.
vi) Manner of presentation of a news item/photograph that too in favour of a particular
party/candidate as also the appeal for voting in favour of a particular party is suggestive of paid
news.
vii) Projecting a candidate’s success in Election who is yet to file a nomination is suggestive
of paid news.
viii) News Reports on Campaign meeting and states enthusiasm because film stars were
present cannot be termed as paid news.
ix) While covering news on election, the newspapers are advised to ensure balance in
publishing report/interview of candidates.
x) During the course of election, subject to conditions laid down by the Election
Commission of India, newspapers are free to make an honest assessment of prospects of
candidates or the parties and its publication would not be paid news so long it is not established
that consideration passed on for such publication.
xi) Newspapers shall not publish any news survey predicting the victory of any political
party without verification of it.
xii) An attempt to influence the voters by projecting the contesting candidate with all
virtues during the election is paid news.
xiii) A news item giving negative aspect of a candidate and at the same time the positive
aspect of candidate of other political party without any basis clearly shows that it is paid news.
Annexure-III
“Guidelines for Election Broadcasts” issued by NBSA dt 3rd March, 2014.
i. News broadcasters should endeavor to 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.
ii. News 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.
iii. News broadcasters must endeavor to avoid all forms of rumour, baseless speculation and
disinformation, particularly when these concern specific political parties or candidates.
Any candidate/political party, which has been defamed or is a victim of
misrepresentation, misinformation or other similar injury by broadcast of information
should be afforded prompt correction, and where appropriate granted an opportunity of
reply.
iii. News broadcasters must resist all political and financial pressures which may affect
coverage of elections and election related matters.
iv. News broadcasters should maintain a clear distinction between editorial and expert
opinion carried on their news channels.
vi. News broadcasters that use video feed from political parties should disclose it and
appropriately tagged.
vii. Special care must be taken to ensure that every element of news/ programmes dealing with
elections and election related matters is accurate on all facts relating to events, dates,
places and quotes. If by mistake or inadvertence any inaccurate information is broadcast,
the broadcaster must correct it as soon as it comes to the broadcaster’s notice with the
same prominence as was given to the original broadcast.
viii. News broadcasters, their journalists and officials must not accept any money, or valuable
gifts, or any favour that could influence or appear to influence, create a conflict of interest
or damage the credibility of the broadcaster or their personnel.
ix. News broadcasters must not broadcast any form of ‘hate speech’ or other obnoxious
content that may lead to incitement of violence or promote public unrest or disorder as
election campaigning based on communal or caste factors is prohibited under Election
Rules. News broadcasters should strictly avoid reports which tend to promote feelings
of enmity or hatred among people, on the ground of religion, race, caste, community,
region or language.
x. News broadcasters are required to scrupulously maintain a distinction between news and
paid content. All paid content should be clearly marked as “Paid Advertisement” or “Paid
Content”: and paid content must be carried in compliance with the “Norms & Guidelines
on Paid News” dated 24.11.2011 issued by NBA.
Xi Special care must be taken to report opinion polls accurately and fairly, by disclosing to
viewers as to who commissioned, conducted and paid for the conduct of the
opinion polls and the broadcast. If a news broadcaster carries the results of an opinion
poll or other election projection, it must also explain the context, and the scope and limits
of such polls with their limitations. Broadcast of opinion polls should be accompanied by
information to assist viewers to understand the poll’s significance, such as the
methodology used, the sample size, the margin of error, the fieldwork dates, and data used.
Broadcasters should also disclose how vote shares are converted to seat shares.
xii. The broadcasters shall not broadcast any “election matter” i.e. any matter intended or
calculated to influence or affect the result of an election, during the 48 hours ending
with the hours fixed for the conclusion of poll in violation of Section126(1)(b) of the
Representation of the People Act, 1951.
xiii. The Election Commission of India (ECI) will monitor the broadcasts made by news
broadcasters from the time elections are announced until the conclusion and
announcement of election results. Any violation by member broadcasters reported to
the News Broadcasting Standards Authority (NBSA) by the Election Commission will be
dealt by the NBSA under its regulations.
xiv. Broadcasters should, to the extent possible, carry voter education programmes to
effectively inform voters about the voting process, the importance of voting, including
how, when and where to vote, to register to vote and the secrecy of the ballot.
xv. News broadcasters must not air any final, formal and definite results until such results
are formally announced by the Election Commission of India, unless such results are
carried with clear disclaimer that they are unofficial or incomplete or partial results or
projections which should not be taken as final results.
Annexure-IV
“Voluntary Code of Ethics” dt 20th March, 2019:
i. Participants will endeavour to, where appropriate and keeping in mind the principle of
freedom of expression, deploy appropriate policies and processes to facilitate access to
information regarding electoral matters on their products and/ or services.
ii. Participants will endeavour to voluntarily undertake information, education and
communication campaigns to build awareness including electoral laws and other
related instructions. Participants will also endeavour to impart training to the nodal officer
at ECI on their products/ services, including mechanism for sending requests as per
procedure established by law.
iii. Participants and the Election Commission of India (ECI) have developed a notification
mechanism by which the ECI can notify the relevant platforms of potential violations of
Section 126 of the Representation of the People Act, 1951 and other applicable electoral
laws in accordance with procedures established by law. These valid legal orders will be
acknowledged and/ or processed within 3 hours for violations reported under Section 126
as per the Sinha Committee recommendations. All other valid legal requests will be acted
upon expeditiously by the Participants, based on the nature of reported violation.
iv. Participants are creating/opening a high priority dedicated reporting mechanism for the
ECI and appoint dedicated person(s)/teams during the period of General Elections to
interface with and to exchange feedback as may assist with taking expeditious action upon
receipt of such a lawful request, following due legal process, from the ECI.
v. Participants will provide a mechanism for relevant political advertisers, in accordance
with their obligations under law, to 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 ongoing
Assembly Elections. Further, Participants shall expeditiously process/action paid political
advertisements lawfully notified to Participants by the ECI that do not feature such
certification.
vi. Participants will commit to facilitating transparency in paid political advertisements,
including utilising their pre-existing labels/disclosure technology for such advertisements.
vii. Participants will, pursuant to a valid request received from the ECI, via Internet and
Mobile Association of India (IAMAI) provide an update on the measures taken by them
to prevent abuse of their respective platforms.
viii. IAMAI will coordinate with its participant members on the steps carried out under this
Code and IAMAI as well as Participants will be in constant communication with the ECI
during the election period.
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