The prohibition period is ten days, and outside it a publication must be accompanied by three mandatory items of information.
The Text
Art. 55/B of Law No. 298, added by Law No. 5980 of 8/4/2010: in the ten days before polling day it is prohibited, through written, oral and visual press and broadcasting tools, to publish or in any way distribute opinion research, polls, predictions, and publications made under names such as mini-referendums by way of information and communication telephones, in favour of or against a political party or candidate or in a manner that will affect the citizen's vote.
| Element | Content |
|---|---|
| Prohibition period | The ten days before polling day |
| Tools covered | Written, oral and visual press and broadcasting tools |
| Types of publication covered | Opinion research, polls, predictions, and publications made under names such as mini-referendums by way of information and communication telephones |
| Measure | Being in favour of or against a political party or candidate, or in a manner that will affect the citizen's vote |
| Scope of the prohibition | Publication and distribution in any way |
Two Rules Outside the Prohibition Period
The same article also lays down rules for the period outside the ten-day prohibition.
First rule - principles: publications made outside that period must conform to the principles of impartiality, factuality and accuracy.
Second rule - mandatory disclosure: when opinion research and polls are published, it is mandatory to disclose:
- Which organisation carried out the research
- The number of respondents
- By whom the research was financed
The Other Prohibitions in the Same Article
Art. 55/B also governs the tools of propaganda:
- Political parties taking part in the election and independent candidates may, until the end of the election propaganda period, conduct oral, written or visual propaganda in the written press by way of announcements and advertisements, or by opening a website.
- Propaganda may not be conducted by messages sent to citizens' electronic mail addresses, or by sending audio, visual or written messages to their mobile or fixed telephones.
- However, audio, visual or written messages sent by political parties to their own members are always free.
Who Sets the Principles?
The final paragraph of the article: the principles of the propaganda and publications made under the provisions of this article are determined by the Supreme Election Council.
The Sanction
Art. 151 of Law No. 298 provides for imprisonment of three months to one year for those who, after 6 p.m. on the day before polling day and on polling day, make publications for the purpose of propaganda or spread false rumours. We cover the sanctions in the election penalty guide.
Summary
- Publishing opinion research, polls and predictions is prohibited in the ten days before polling day.
- Outside that period publications must conform to impartiality, factuality and accuracy.
- The organisation that carried out the research, the number of respondents and the funder must be disclosed.
- Propaganda by e-mail and telephone messages is prohibited, except messages a party sends to its own members.