TNN

New Delhi, Apr 15: In a bizarre directive, vulnerable to be misused by the authorities, Election Commission on Tuesday said the electronic media cannot telecast anything which can influence voters in areas where polls are to take place, 48 hours preceding voting.

In a separate order, EC has also banned dissemination of results of opinion and exit polls by the media. The gag on electronic media, issued under section 126 of the Representation of People's Act that prohibits displaying any election matter on television or any related medium 48 hours before poll, is seen as unsuitable for multi-phase elections as well as innocent of the ways the media functions.

With their satellite uplink, the channels beam programmes of all-India relevance completely uncircumscribed by the geographical division that the commission wants to enforce.

It also carries the danger of harassment of the media by local authorities. Take the case of a national news channel which may show a programme on starvation deaths in Andhra Pradesh or impact of Salwa Judum in Chhattisgarh which, like most of others, have multi-phase polls.

Both starvation deaths and Salva Judum are issues that can have impact throughout the state, and any functionary can easily argue that their telecast was violative of the EC order and, therefore, liable to be punished. How will EC check the misuse?

In another instance of its naive understanding of working of media, EC has said programmes like debate/panel discussions may be telecast provided they are not in the nature of election campaign or promoting/prejudicing the prospects of any particular party or candidates. But since most of the news channels call representatives of key parties for panel discussion, will it be possible for EC to make the fine distinction between harmless debate and promoting/prejudicing prospects of any party? It may all boil down to the subjective assessment of the local official.

Given the legion of cases of harassment of the media in districts on various excuses, EC clearly seemed to have erred big time by not factoring in the risk of arbitrary enforcement of its directive. As part of the order, EC has also said the 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.

As for opinion and exit polls by the media, the ban came into effect from 1500 hours on Tuesday and has been brought in the wake of a Supreme Court order. The EC had earlier issued guidelines which had made it clear that results of opinion and exit polls carried out any time "cannot be published, publicised or disseminated in any manner, during the period starting from 48 hours before the hour fixed for conclusion of poll in the first phase".

The ban would remain in force till the conclusion of poll in the last phase of elections, the EC said. The last phase of polling is on May 13 and the counting of votes is on May 16. Acting on the Supreme Court order, the Commission had issued detailed guidelines on February 17 for publication and dissemination of results of opinion and exit polls.

The ban applies to electronic media including radio and television both government owned and private and covers satellite, DTH, terrestrial and cable channels. Dissemination included publication in any newspaper, magazine or periodical or display on electronic media or circulation by means of any pamphlet, poster, placard, handbill or any other document, the guidelines said.