Communications Regulatory Authority

As regards compliance with information obligations with respect to polls, it
should be highlighted that over the last twelve months survey research firms and mass
media have almost always abided by law provisions.
In the few cases of lacking or incomplete fact sheet or failure to publish/air the survey
report, upon invitation by AGCOM, firms and undertakings always filled the
information gap within the prescribed deadlines by spontaneous compliance.
Greatly demanding was the supervisory action carried out by AGCOM as
regards compliance with provisions regulating public-opinion polls on the outcome of
elections and on political trends with regard to recent general elections.
Article 8, paragraph 1 of law no. 28 of 22 February 2000, setting forth “provisions for
equal access to mass media during electoral and referenda campaigns and for political
broadcasting”, prescribes the prohibition to publish and air the outcome of political
polls during the 15-day period before the election date, and entrusts AGCOM with the
task of setting out mandatory criteria according to which this type of polls shall be
carried out.
In the period between the date on which electoral meetings are called and fifteen
days before the vote the publication/airing of polls is regulated by special resolutions
adopted by AGCOM as regards equal access to the media and included in the
implementing measures which make out the set of rules covering political broadcasting
and equal access to the media.
In requesting compliance with rules regulating the publication/airing of electoral
polls in electoral periods, AGCOM set out some important interpreting clarifications.
AGCOM called attention on the provision requiring electoral poll results to be
circulated only if accompanied by directions as set out in resolutions implementing law
no. 28/2000, while also explaining that when broadcasters or the press circulate the
news – regardless of who may have disclosed it – of the existence of a poll, they shall
explain in detail whether the poll was carried out according to prescribed methods, on
which poll circulation is conditioned by the law.
If these explanations are not supplied together with the news relating to the poll,
broadcasters and the press shall air/publish, within 24 hours, the supplementary
explanations pursuant to the law - provided that the news author has supplied them with
such information - on the medium where the poll was circulated, with the same
relevance, per hour bracket, position and programming characteristics, used when the
poll was advertised; otherwise they shall air/publish, with the same methods mentioned
above, the clarification that the poll was not compliant with law requirements.
The party which carried out the poll is responsible for the actual abidance by
methodological requirements, pursuant to the law, as to the way the poll was carried
out.
186