http://scroll.in/article/761758/should-ec-rethink-campaign-rules-for-era-of-multi-phase-polls-and-electronic-media

BIHAR ELECTIONS

Should EC rethink campaign rules for era of multi-phase polls and
electronic media?

Even as 49 Bihar constituencies cast their ballots on Monday, voters
were hearing televised speeches by Narendra Modi in places that will
elect their representatives on Friday.
Ipsita Chakravarty  · Today · 09:00 am

As 49 constituencies in Bihar went to vote on Monday, Prime Minister
Narendra Modi spoke to crowds in Bhabua. "You will try to stop me? I
am a labourer, I will walk it if I need to," he said. He was referring
to the Kaimur district administration’s initial refusal to give
permission for his rally, which was eventually permitted by the
Election Commission.

Modi spoke at rallies in Bhabua as well as Jehanabad, both of which go
to the hustings in the second phase of the polls, on Friday. But the
prime minister’s speech, covered by various news channels, streamed
into living rooms and shop corners across the state, including the
constituencies that went to polls on Monday. Why walk when you can
ride the airwaves?

The Election Commission had also turned down a petition made by the
Grand Alliance in Bihar. The Bharatiya Janata Party’s electoral rivals
had wanted the television broadcast of Modi’s speech to be banned,
saying it went against Section 126 of the Representation of the People
Act, 1951, which forbids public meetings and the display of election
matter, in print or on television, 48 hours before polling starts. The
Election Commission reasoned that the curbs only applied to
constituencies where polling was going to take place. Since Modi was
holding public meetings in other areas, there would be no such
restrictions, neither could TV broadcasts be banned.

Changed circumstances

Yet the provisions of the Representation of the People Act were framed
in times when the local was truly local, before the age of 24 hour
news channels and hourly web updates that can reach all sections of
the electorate simultaneously. Speeches made in the remote village or
district town now have a resonance they never did before. At the same
time, an increasingly long and fragmented electoral process has meant
that some areas see campaigning while others are heading to the
polling booths. Voters, then are never quite insulated from the heat
and dust of the campaign.

“The law is to have a 48-hour gap between campaigning and polling, so
that voters can think coolly, calmly before making their choice,” said
former Chief Election Commissioner S.Y. Qureshi. “Now multiphase
elections and the electronic media explosion have created a problem.
Parties take advantage of the rules and campaign outside poll areas,
where there is no ban in place.”

Electronic media also presents logistical difficulties that older
forms of communication do not. “With print media and pamphlets, you
could still consider curtailing the local circulation,” noted Qureshi.
“For some years now, the Election Commission has been asking for
restrictions on print media in poll areas. But it is difficult to
limit the signals of television satellites.” The time has come to
consider wider restrictions before polling day, Qureshi feels. “In a
six-phase election that lasts for 30 days, you could ban all election
broadcasts for 12 days, that’s 48 hours before each phase.”

As news of Monday’s campaign filtered into all parts of the country,
the rules of the Representation of the People Act seemed to be caught
in a time warp, innocent of the realities of the modern poll campaign.
And the current Election Commission, despite inklings of change,
either cannot or will not adapt old laws to new circumstances.
-- 
Peace Is Doable

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