Section 126 (1) (b) of Representation of the People Act, 1951

News: The Election Commission announced the silence period under Section 126 (1) (b) of the Representation of the People Act, 1951.

About Section 126 (1) (b) of Representation of the People Act, 1951

• It 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 (silence period) ending with the hour fixed for the conclusion of the poll for any election in that polling area.
• Definition of “election matter”: “Election matter” has been defined as any matter intended or calculated to influence or affect the result of an election.
• Provisions for electronic media during the silence period: Electronic media platforms must ensure that their content does not include:
  • Views or appeals supporting any political party or candidate
  • Discussions that may promote or harm electoral prospects
  • Panellist or participant opinions that could influence voters, and any material capable of affecting election results
  • Telecast or publish programmes predicting election results, including predictions by astrologers, tarot readers, or political analysts
  • Displaying any results of opinion polls or any other poll surveys during the silence period ending with the hour fixed for the conclusion of the poll for any election in that polling area.
• Provisions for conduct of Exit poll survey: It prohibits the conduct of Exit poll and the dissemination of their results by means of print or electronic media between the hour fixed for commencement of poll in the first phase and half an hour after the time fixed for close of poll for the last phase in all the States.
• Provision related to approval for Broadcast Events: During periods not covered under the Act, TV, Radio, Cable, and FM channels may seek permission from State/District/Local authorities to conduct broadcast-related events.
  • Such broadcasts must :
    • Follow the Model Code of Conduct (MCC) and Programme Code under the Cable Television Networks (Regulation) Act, 1995
    • Maintain decency, communal harmony and neutrality in election-related matters. 
    • Comply with Election Commission guidelines (27 August 2012) on paid news and related matters.
  • Permission is granted by the Chief Electoral Officer (CEO) or District Election Officer (DEO) after considering factors like law and order conditions.
• Provision related to telecast of Films: Telecast of feature films (excluding commercial advertisements) of contesting actors is not allowed on Doordarshan during the Model Code of Conduct period (as it operates on public funds), but is allowed on private TV channels and cinema theatres.
• Penalty for violation: Violation of the provisions of Section 126 is punishable with imprisonment upto a period of two years, or with a fine or both.