There is imprisonment up to two years for running an exit poll during the elections.
The Representation of the People Act prohibits any person from conducting and publishing any exit poll through the electronic (television, net, radio and mobile) and print (newspapers and posters) media. The provision comes into force from the hours fixed for the polls and lasts till the time voting is concluded for the entire legislative Assembly. It applies for the entire country in a general election.
The EC took cognisance of certain opinion polls, which included forecast of those states gone for polling. Since the elections are being conducted in nine phases between April 7 and May 12, EC construed these opinion polls as exit polls. Punishment for running an exit poll could be a fine or imprisonment up to two years or both. There is a restriction on opinion polls, as well. They cannot be aired within 48 hours before polling.
K V L Narayan Rao, spokesperson for television channel NDTV and for the News Broadcasters Association, said, "Since the EC has clarified and they are the final authority, we would adhere to whatever they advise, and seek a clarification if there is any doubt."
Rao denied any "mischief" on behalf of the television news channels.
The EC has advised them to "not to resort to the type of such practices" for all practical purposes. "We will not shy away from taking a strong action, if such things are repeated," said an EC official. EC has been demanding a ban on opinion polls. It has left the matter to the government.
The EC on Wednesday had cautioned the media against broadcasting or publishing any opinion poll till the completion of the Lok Sabha polls on May 12. The EC referred to the opinion poll broadcast by a TV channel on Monday and said it included results of 111 Lok Sabha constituencies where balloting had taken place, which "in effect becomes dissemination of the results of exit polls." The EC did not name any channel but the poll was broadcast by NDTV.
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