Ban relaxed: Unofficial result coverage gets LHC’s go ahead

Media channels can air unofficial results based off Form 14 an hour after polling ends

LAHORE: A day before polling for the local government elections, Lahore High Court granted electronic media outlets permission to air unofficial results one hour after polling ends on Saturday. Earlier this week, the election commission’s secretary had barred media from airing unofficial results as part of its code of conduct for the media. It had also authorised the Pakistan Electronic Media Regulatory Authority to monitor and penalise media channels for violating code of conduct.

Justice Farrukh Irfan Khan passed an interim order on two identical petitions by the Pakistan Broadcasters’ Association (PBA) and Advocate Ishtiaq Chaudhry against the ban on airing unofficial results. Counsel for the petitioners argued that the impugned ban violated Article 19-A of the Constitution. They said that the media could not be barred from performing its duties.

Citing the experience in the NA-122 by-poll, a law officer of the ECP told the court that news channels often jumped the gun and aired unconfirmed results even before polling ended. He said the results often ended up being incorrect. The ban was imposed to prevent possible violence among candidates due to discrepancies in unofficial and official results, he said.

Justice Khan observed that the ECP should not have placed a blanket ban on media coverage of polling results. He said people had the right to information which could not be curbed.

Relaxing the ban, Justice Khan ordered that news channels could air unofficial election results one hour after polling ended. The results would be based on Form-14 prepared by presiding officers. Justice Khan said that channels should avoid sensationalising election results.

Lead up to the judgement

Several media houses had been in uproar over the ban and many politicians had voiced support for their right to air unofficial results. Others thought it wise to tread carefully.

Jamaat-i-Islami Punjab chief Syed Waseem Akhtar had said: “There is no reason to hold back unofficial results. They should be aired as and when they come in.” He had said that airing unofficial results did not hinder the electoral process.

Pakistan Tehreek-i-Insaf’s Chaudhry Sarwar said airing the results as soon as possible could cast away any doubts. “Delaying [announcement of] results ends up creating doubts over the electoral process” he says. “Results should come in the same night.”

PML-N’s Zaeem Hussain Qadri had said the prohibition violated fundamental rights. He said there was no justification for restricting the media from reporting unofficial results as and when they came in.

“World over there is a period in which channels do not discuss results,” Owais Tohid, senior journalist, had said. “The ECP should work with the Pakistan Broadcasters’ Association to work out a mechanism to report results.”

Mazhar Abbas, another senior journalist, had said that sometimes the media goes too far in a bid to be first to break results. He had stressed the need to self-regulate saying it was not the ECP’s place to issue such directives.

Express TV Executive News Director Fahd Husain had slammed the decision saying electronic media used various means, for example exit polls, to compile unofficial results. “Official results are issued 24 hours after the elections…the ECP could work out a way to improve reporting of results, especially because counting at smaller polling stations ends earlier.”

Absar Alam, recently appointed head of the PEMRA had refused to comment.

Published in The Express Tribune, October 31^st, 2015.