GNCC releases statement related to the placement of pre-election video ad by political union “The Centrists” and later taking it off from the air of the Public Broadcaster.

In accordance with the Paragraph 5 of Article 51 of Organic Law of Georgia “on Elections,” during the election campaign in their respective coverage areas, the Public Broadcaster, Adjara TV and Radio of the Public Broadcaster, as well as any community broadcasting licensee not later than 50^th  day before the elections shall allot 5 minutes of airtime in every hour for the placement of pre-election video free of charge. In accordance with the Paragraph 12 of the same Article, The Public Broadcaster and Adjara TV and Radio of the Public Broadcaster (legal entities under public law) shall be obligated to allot airtime for pre-election advertising for all other parties and electoral blocks, other than the qualified electoral subjects, and the airtime shall be equally distributed among these subjects. Therefore, Public Broadcaster has an obligation to allot free airtime for the placement of pre-election ad during current pre-electoral campaign not later than 50 days before the elections, from August 19, 2016, although, Public Broadcaster had an authority to allot free airtime for an electoral subject before the noted date. 

In accordance with Article 50 of Organic Law of Georgia “on Elections,” a broadcaster, including Public Broadcaster, is obligated to study the compliance with a law of the commercial presented by a political party and place pre-election video ad through the air afterwards.   Although it is a political subject who is ordering political pre-election ad responsible for the content of an ad, still, a broadcaster has an authority to address relevant competent authorities in case of a pre-election ad of disputing content which Public Broadcaster did only after taking off from the air pre-election ad of political union “The Centrists.”

In accordance with the Paragraph 15 of Article 51 of Organic Law of Georgia “on Elections,” The GNCC shall determine the procedure for participation and use of the media in the electoral process, shall ensure monitoring of provisions under this Law by any broadcaster, and shall give respective response to violations of those provisions. In accordance with the part II of Articles 83 and 93 of the same law provided, GNCC shall draw up protocols of administrative offences related to placement of political/pre-election advertising and submit it to the City Court for consideration.

As for the basis of taking off from the air on August 14 of the current year of pre-election video ad by political union “The Centrists” by the Public Broadcaster – “The content of pre-election ad contains state sovereignty anti-messages and could be contrary to the Constitution of Georgia.” The assessment of fulfillment of obligations defined in accordance with the Paragraph 3 of Article 45 of Organic Law of Georgia “on Elections” during the review of an actual issue, and in case of detection of such violations, CEC has an authority for an appropriate reaction.