Open Forum
New Delhi, 6 November 2013
Ban on Opinion
Polls
CURBING FREEDOM OF
EXPRESSION
By Dr.S.Saraswathi
Some Parties including the Congress are in favour of banning
opinion polls on elections. Recall, the Election Commission proposed this ban
and has sought the opinion of different Parties.
Pertinently, the forthcoming election to four State Assemblies
is seeing many pre-poll opinion polls.
Their timing is such that the results could be interpreted as revealing
the mood of the nation towards the approaching Parliamentary elections also.
Thus, the surveys have double significance to attract the
attention of the two main contenders to power at the Centre. Equally, their
allies and prospective members of Third and Fourth Fronts are interested in the
prediction of pollsters.
Interestingly, the Congress in 2005 had dismissed the
Commission’s similar proposal to ban opinion polls. Its naked shift in stand today coincides with
results of some recent polls forecasting bad times ahead for the Party, thereby
giving rise to speculations of the Congress’s real intentions.
The Party’s main plea is that opinion polls are not
scientific or transparent. Asserted a
Congress spokesperson, “these polls give different opinions which mislead
people”. While Opposition Parties demand the Commission convenes an all-Party meeting
to discuss the issue before taking a decision.
Pertinently, opinion polls have been conducted since the
1960s, but increased and became popular on the eve of the 1998 Parliamentary
elections. Conducted before elections to
measure the then prevailing mood and opinions and assess the chances of different
Parties in the popularity of its leaders and their respective seat share.
The exercise is also repeated at intervals to ascertain
changes in voters’ opinion. In sharp contrast
to Exit Polls which are conducted on voting day when voters come out of polling
booths after casting their vote.
Notably, an opinion poll is actually a marketing research
technique and is widely applied in many countries to ascertain and canvass
public opinion on specific political, social and other issues. Pollsters use the technique to forecast
election outcome.
Remember, opinion surveys began as part of academic pursuits
by scholars interested in election studies.
Very soon, Parties realized the usefulness of the findings of such
surveys to organize their electioneering.
Interestingly, the EC prohibited publication of pre-election
opinion polls and post-election exit polls by the media during the February
1998 Lok Sabha elections. This ban was
challenged in the Court as intrusion into the Constitutional right to freedom
of expression.
The Press Council of India, partly supporting the stand of
the Commission, recommended certain guidelines for conducting and publishing
poll surveys. Under these, it is now
mandatory to provide details of the survey, the sample, and the methodology in
the reports of poll surveys.
Since then, poll surveys have become popular before every election
to Parliament and State Assemblies. They
follow the prescribed guidelines.
True, many times public opinion has enormous powers to make
and unmake leaders and organizations. Given
that power-seekers in any democratic society have a common desire to know the
thinking of the common people.
Be it through reading, listening, asking and conversing which
are simple but important means of acquiring knowledge and information necessary
to remain in politics. Also, men in politics
must have the courage and wisdom to receive both palatable and unpalatable
information with equanimity.
Undeniably, the stand of some Parties seems to confirm the suspicion
that potential winners in opinion poll favour such polls and losers want a ban. There cannot be a more absurd situation than
this in Party politics brought about by the politics of sycophancy. At the most, the results can only create
“elation complex” among prospective winners even before elections start, and
defeatism among losers to drive them to frustration.
A common objection voiced by many Parties is that opinion
poll results may influence the voters.
An apparently strong argument but weak in principle. As Parties use different techniques to drive
home their message, one through election manifestoes to convey their policies
and programmes including promises.
Two, conduct rallies and address public meetings and lastly issue
advertisements on their achievements and ambitions. Candidates even visit voters to personally
canvass votes. All these are openly
meant to influence voters and we do not and cannot think of banning them. Indeed, influencing voters is part of
electoral politics in democracies.
Besides, the “bandwagon effect” that critics point out is
rarely found to be persuasive. Undecided
and apolitical voters are more likely to support an apparent winner on matters important
to him but not always.
Critics from some Parties including the Congress think that
the random survey conducted “lacks credibility” and can be “manipulated” by
persons with “vested interests”. They
complain that many times opinion poll results are falsified in actual elections
and hence have the potential to mislead the public.
This argument is rather frivolous. Opinion poll results may go wrong. So are our
calculations on inflation rates believed to be based on abundant official data? Population projections go wrong. Millennium Development Goals are accepted but
we are nearing the time frame but not the targets. Expenditure in mega projects exceeds several
times beyond the original allocations. These miscalculations and failures also
amount to misleading the people.
Basically, opinion polls are not meant as a guide to voters
to help choose their candidates. They
only try to mirror the mood of the people at the time of the
survey. If they are far from reality,
the psephologists have to answer the critics for the faults in their
methodology and derivations. They have no particular responsibility to Parties
to forecast accurately.
The Commission in asking the views of various Parties and some outfits demanding an
all-Party meeting to decide the issue of ban on opinion polls seem to overlook the
basic factor that these polls (except those sponsored by particular Parties as
propaganda material) are not conducted
for the benefit of Parties. They are
conducted as academic investigation for the consumption of people.
The results may help Parties in the fray to redefine their
policies, programmes, and priorities. In
fact, the losers get the benefit of knowing public opinion and opportunity to
correct their ways and have to be thankful to the pollsters, organizers of
polls and the media disseminating the findings.
Any restriction placed on opinion polls will be an
infringement on the freedom of expression guaranteed by the Constitution.
The European Court of Human Rights observed that the right
to free elections and freedom of expression operate to reinforce each other and
“together form the bedrock of any democratic system” and for this reason, “it is particularly important in the period
preceding an election that opinions and information of all kinds are permitted
to circulate freely”.
Australia, South Africa, Scandinavian
countries and US don’t restrict opinion polls.
Some like Canada and France put a
ban for a few days preceding polling day. In Britain, there is no restriction on
pre-election polls. It is for Indian politicians to come together and resist
short-sighted attempts to curb our freedom of expression.
(Copyright,
India News and Feature Alliance)
|