SRINAGAR: The Election Commission of India (ECI) has established various guidelines for print, electronic, and social media ahead of the Jammu and Kashmir Assembly Elections 2024.
These guidelines have been issued in the interest of transparency, according to the Commission.
The ECI reiterated the guidelines outlined in Section 126(1)(b) of the Representation of the People Act, 1951, which prohibits the display of any election matter by means, inter alia, of television, cinematograph, or similar apparatus in any polling area during the 48 hours leading up to the conclusion of the poll in that area.
No person shall display to the public any election matter intended to influence or affect the result of an election, it said.
“Violation of the aforesaid provisions of Section 126 is punishable with imprisonment for up to two years, or with a fine, or both,” the ECI stated.
The Commission asserted that TV/radio channels and cable networks should ensure that the content of programmes telecast/broadcast/displayed during the 48-hour period referred to in Section 126 does not contain any material, including views or appeals by panellists/participants, that may be construed as promoting or prejudicing the prospects of any particular party or candidate(s) or influencing or affecting the result of the election. This includes the display of any opinion poll and standard debates, analysis, visuals, and soundbites.
Political advertisements on any election matter on TV, cable networks, radio, and in cinema halls, as well as the use of bulk SMS/voice messages and audio-visual displays in any polling area during this 48-hour period, would also be prohibited. The prohibition also extends to political advertisements disguised as news items or headlines.
The Commission also reiterated the ban on conducting exit polls and disseminating their results from the beginning of the polling hours on the first day of the poll until half an hour after the closing of the poll in the Union Territory of Jammu and Kashmir.
Regarding internet websites and social media platforms, the Commission stated that 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, dated 25 October 2013, apply to all political content on these platforms. Political advertisements on electronic media also require pre-certification by the Committees set up at the UT-level and District-level.
The Commission announced that the ‘Voluntary Code of Ethics’ formulated by IAMAI during the Lok Sabha elections in 2019 will apply to the forthcoming JK Assembly Election. All social media intermediaries under the umbrella of IAMAI are expected to follow this voluntary code.
The Commission also informed that no political party, candidate, or any other organisation or person would publish any advertisement in print media on polling day or the day before unless the content of the political advertisements is pre-certified by the MCMC committee at the UT-level and District-level, as applicable.
“There should be explicit restrictions on advertisements predicting the victory of a particular party, and any form of speculative content related to election outcomes should be avoided,” the ECI said, adding that an editor would be responsible for all matters, including advertisements, in the newspapers.
The Jammu and Kashmir Assembly Elections are scheduled to commence on 18 September 2024 in three phases across the Union Territory.
