To be truly democratic, any democracy must ensure the election of representatives by free choice of voters. It is axiomatic, therefore, that the voters are allowed to exercise the choice of their independent will, uninfluenced by others.For this reason, the Election Code in India lays down that 24 hours before voters go to the polling stations - and during the polling days - all propaganda and campaigning should stop. This enables voters to make their choice in a cool and peaceful atmosphere.It is a known phenomenon all over the world that the so-called pre-poll survey and exit-poll survey reports are often fake and planted to boost the prospects of some political parties and candidates. The code for the media in most democracies insists such reports be prefaced by conspicuously indicating the organisation which has carried out the survey, the agency which has commissioned it, the size and nature of the sample selected, the method of selection of the sample and the possible margin of error in the findings.This minimum data has to be incorporated in the report so published to authenticate the genuineness of the survey. This is exactly what the Press Council of India (PCI) has laid down with regard to the publication of the pre-poll surveys. It is wrong to say that the PCI has asked for a blanket ban on the publication of pre-election surveys.As regards the exit-poll surveys - conducted outside polling booths by speaking to voters coming out - the PCI has undoubtedly requested the press not to publish such surveys till the final vote has been cast in the coming election. Or, indeed, in any election. This is relevant given staggered polling.After all, when polls are staggered, some voters, whether in an entire region of the country or merely in some constituencies or even in the same constituency - if, for example, voting in certain booths is countermanded - are still to cast their ballots. P.B. Sawant, chairman of the Press Council of India, feels pre-poll surveys published by the press prejudice voters and are often motivated. In such circumstances, when the exit poll surveys indicate that a majority of the voters has favoured some party or candidate, there is a "bandwagon" impact. The rest of the voters go with the majority. This could be simply because they feel they should be with the majority or because they realise the futility of voting for a party which has earned a minority of votes.Such an occurrence amounts to direct interference with the choice of voters. It is not correct to equate the publication of such reports with editorial comments or reports in newspapers which may indicate that the voting has gone one way or the other. Readers are intelligent enough to know that such comments or reports are the opinion of the editor or the reporter in question and they may not have anything to do with the actual pattern of voting. But this is not the case with the exit-poll survey reports. They tell the voters of the actual state of affairs. This is apart from the fact that there are cases of fake exit-poll reports, which are planted to influence voters.All those interested in maintaining the purity of the electoral process will agree that this is the minimum precaution which has to be taken by those who publish poll survey reports. The duty of ensuring clean polls lies with every individual and institution - not just with the government, political parties, the Election Commission and the PCI.The PCI had framed the guidelines as part of the Code of Journalistic Ethics as early as 1996, in pursuance of section 13(2)(b), (c) and (d) of the Press Council Act. It is fallacious to say the PCI has no legal jurisdiction in the matter. The PCI's Code of Ethics goes beyond law and restrictions placed on the freedom of speech and expression under Article 19(2) of the Constitution.For example, when the code lays down that there should be pre-verification of facts, that there should be no mixing of comment with fact, or suppression or distortion of facts, or that newspapers and magazines must give the aggrieved party an opportunity to reply and so on, it goes beyond the requirements of law. Ethics should not be confused with law. The PCI has framed the Code of Ethics under the provisions of its parent Act. It will be justified in monitoring any violations.Published By: AtMigration Published On: Jan 12, 1998--- ENDS ---
