The Constitution and the Media

Chapter XIVA of the constitution of Sri Lanka is devoted to the composition and powers of the Election Commission. The chapter consists of Articles 103 -104J.

Article 104 B (5) (a) (b) (c) and (d) deal with the powers of the Commission with regard to the media during the times of an election. Sub-sections (b) and (c) refer exclusively to the Commission's role in respect of the State Media. It is under these two sub-sections that restrictions are sought against the State Media.

Sub-section 104 B (5) (a) is conveniently dropped by all those who yell for these restrictions. Sub-section 104 B (5) (a) reads" The Commission shall the power to issue.... such guidelines as the Commission may consider appropriate to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper......as the Commission may consider necessary to ensure a free and fair election." (Italics mine)

It is clear therefore, that the Constitution expects the Elections Commission to step in to ensure a free and fair election, where the media strays away from its sacred duty of bering non-partisan. All the same, it is noteworthy that the Constitution is specific that a Competent Authority may be appointed only where the state Media contravenes the guidelines given by the Commission. There is nothing said about contraventions of the guidelines by 'the other media'.

It is obvious this relaxation that has prompted the mushrooming of innumerable opinion polls - electronic, printed media and even through the post. The results shown by the different media are so contradictory, that it is clear to any of us fools that every organ of media, is cheating and lying. Each media only indicates how far ahead is its own favourite. It will never show anyone else leading.

It will indeed be a miracle if the decidedly partisan media would show a candidate other than its own favourite, to be the leader in the poll! All this indicates that the results are manoeuvred to suit the philosophy of those who run that particular organ - the state or a private owner.

The particular TV channel, Radio channel or newspaper would certainly be campaigning openly for a particular candidate by attempting to influence the mind of the voter by depicting these false figures, hoping that the floating voter would shift with the cooked up trends shown.

And, when such an attempt is made by the media, it is a falsehood that is made to influence the voter. It amounts to deceit and cheating. That is an election offence, and is certainly is not the role of the media - particularly at the time of an election. Its role is to place before the voter without any comments, the different views, policies and programmes presented by the different candidates. The voter in Sri Lanka, after 75 years of experience in adult franchise, should be by now, mature enough to decide on his own as to who deserves his vote.

If he still hesitates to decide on his own, what on earth has been the result of spending for Education all these seven or eight decades, millions of millions of rupees!!

Let us also take a peep into the more sinister aspect of these opinion polls. When a participant at one of these polls shows his/her preference - either by SMS, or telephone call, or by post card or by coupon - he or she would only show one's own preference.

Obviously, this is the very same manner in which he or she would vote on the 17th.

The preference is cast in the poll, and the name and address of the participant is submitted to ensure eligibility to claim the millions of rupees offered as prizes. Will someone who is expert at explaining this type of problem, please help us understand whether the secrecy of the ballot is not violated with the participation in these polls. The 'voter' has identified himself or herself in indicating his choice. Is there any further secrecy to be maintained?

However, let us not be spoil sports. There are millions of rupees to be won.

The participants should be given a chance to test their luck. We should also given an opportunity to the media operators and owners to give away the millions that they are offering - apparently, for nothing in return! But, someone should ensure that absolutely none of their actions should result in the election not being free and fair.

Let the media - electronic and printed - carry on with their 'polls' or 'surveys' to their hearts' content ; let the participants too enjoy the fun till the 17th. But, the Commissioner of Elections - acting in the absence of the Election Commission - should in the interest of holding a free and fair election, immediately lay down the order that no result of any such 'poll' or 'survey' should be shown printed, or be broadcast or telecast or indicated or implied at any time between now and 5.00 p.m. (or any other time) on 17 th November 2005 - at which time the last ballot box in expected to be sealed and secured.

This is the least that can be done to ensure a free and fair election - devoid of undue influence.

Our neighbour India, for one, realised the danger of such polls and very rightly prevented the publication of any of 'poll' or 'survey' results, until the actual polling was over totally.