The Election Commission of India (ECI) has issued detailed guidelines for print, electronic, and social media in anticipation of the Jammu Kashmir Assembly Elections 2024.
These guidelines are designed to ensure transparency and fairness in the electoral process.
The ECI highlighted the significance of Section 126(1)(b) of the Representation of the People Act, 1951. This section prohibits the display of any election matter via television, cinematograph, or similar means in any polling area during the 48 hours preceding the conclusion of the poll in that area. Any material intended to influence the election result is strictly banned during this period.
Violations of these provisions can result in severe penalties, including imprisonment for up to two years, a fine, or both. The ECI emphasized that TV and radio channels, as well as cable networks, must ensure that any content aired during this 48-hour period is free from material that could promote or prejudice the prospects of any party or candidate. This includes avoiding opinion polls, debates, analysis, visuals, and soundbites that could be seen as influencing voter decisions.
Political advertisements are also strictly regulated. Such ads are banned on TV, cable networks, radio, and in cinema halls during the 48-hour period. Additionally, bulk SMS, voice messages, and audio-visual displays in polling areas are prohibited.
The ECI warned against political advertisements disguised as news items or headlines
The Commission reiterated the ban on conducting exit polls and sharing their results from the start of polling on the first day until half an hour after the polls close in Jammu Kashmir.
Regarding digital media, the ECI noted that provisions of The Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as well as previous ECI guidelines, will govern political content on social media platforms.
Any political advertisements on electronic media must be pre-certified by Committees established at both the Union Territory and District levels.
The ‘Voluntary Code of Ethics’ developed by the Internet and Mobile Association of India (IAMAI) for the 2019 Lok Sabha elections will also apply to these Assembly Elections. Social media intermediaries under IAMAI are expected to adhere to this code.
Lastly, the ECI mandated that no political party, candidate, or other entity may publish an advertisement in print media on polling day or the day before unless it has been pre-certified by the Media Certification and Monitoring Committee (MCMC) at the appropriate level.
The Commission specified that advertisements predicting the victory of a particular party or featuring speculative content about election outcomes are to be avoided.
The Jammu and Kashmir Assembly Elections will be held in three phases, starting from September 18, 2024.