GNCC, based on the President’s ordinance on “Appointment of the Georgian Parliamentary Elections,” provides broadcasters’ pre-electoral monitoring since June 8, 2016. Within the scope of a monitoring noted, in several instances, the breach of obligations defined by the Organic Law of Georgia in “Election Code of Georgia” were detected by few media outlets. In particular, publication of public opinion poll results by some media outlets were provided without protection of relevant statutory obligations.  As a reminder, in accordance with Paragraph 5 of Article 50 of the Organic Law of Georgia “on Election Code of Georgia”:

1. Publication of public opinion poll results, except for the possible number of voters in the elections and the number of voters participating in the elections on the polling day, shall be prohibited within 48 hours before the polling day and until 20:00 of that day.

2. From the day of calling of elections until the publication of the election final results by the CEC and during one month thereafter, while publishing the results of the opinion poll concerning elections, the following shall be indicated:

–     the person ordering the poll (name in accordance with the public or electoral registration and a legal address in case the legal entity or state body has ordered the conduct of the poll; last name, first name and address as provided for in the personal identification card of the citizen of Georgia, where a physical person has ordered the conduct of the polls);  

–     Whether the poll is paid or free of charge;

–      The organization conducting the poll (name according to the public or electoral registration and a legal address);

–        Date of the poll;

–        Methods used;

–        Exact formulation of the questions used in the poll;

–      Possible margin of errors. 

In addition, in accordance with Paragraph 11 of Article 51 of the Organic Law of Georgia “on Election Code of Georgia”, public opinion poll must satisfy following requirements:

a) It shall be based on the acknowledged scientific methodology of representative random selection, which provides 95% credibility and the margin of errors not exceeding 3%;

b) It shall be publicized after double-checking of the credibility of the methodology of public opinion poll and objectiveness of its results;

c) It shall be feasible to provide steady scientific explanation, in case there are significant discrepancies or changes in the results of the same or other comparative public opinion poll;

d) It shall not constitute a means of manipulating with public opinion or fundraising and it shall not be conducted via telephone, post or/ and internet;

e) It shall be based on transparent methodology, which enables to conduct independent verification of the results;

f) While publishing the results, the following shall be indicated:

f.a) an organization conducting public opinion poll;

f. b) subject ordering or financing the public opinion poll;

f. c) exact formulation and sequence of questions used for opinion polls;

f.d) the time of conducting field opinion poll;

f.e) the number of individuals interviewed and the selection method;

f.f) in which area or category of people the selection was conducted;

f.g) whether the research is based on the opinion of people interviewed;

f.h) the number of respondents, who refused to participate in the poll, did not answer the question, or could not be interviewed;

f.i) margin of selection;

f.j) margin of errors;

f.k) information on any other important factors, which might have caused significant impact on the results.  

In accordance with Article 82 of the Organic Law of Georgia “on Election Code of Georgia” The promulgation of the results of the public opinion poll, conducted in relation to the elections, within the term defined by law without the required information, or violation of other rules related to its promulgation, shall be fined in the amount of 1500 GEL.

In accordance with Paragraph 2 of Article 93 of the Organic Law of Georgia “on Election Code of Georgia” Protocols on administrative violations, as outlined in Articles 82 and 83 of this Law, shall be drawn up by Georgian National Communications Commission.

In order to ensure the fulfillment of obligations established by law, and to avoid violations performed by media outlets, also, the necessity for relevant response from the Commission’s side, we advise you to take into consideration above-noted legal obligations in your activities.

           The Commission expresses its readiness to consult you in regard of certain issues within the scope of the Commission’s competence.