On June 8, 2016, GNCC has launched monitoring of pre-electoral period of the Georgian Parliamentary Elections of October 8, 2016, and will carry out the monitoring of 53 TV companies 24/7 during the period of four months.

All general broadcasters fell under the subject of monitoring, Public Broadcaster and the Public Broadcaster of Adjara. Subjects of Commission’s observations during the monitoring process are:

a) Pre-election advertising;

b) Pre-election debates;

c) News and social-political programs;

d) Pre-election agitation.

The second mid-term report of pre-electoral process covers the period from July 8, 2016, up until August 8, 2016. Following violations have been detected as a result of the monitoring:  

– An anchor of a program placed through the broadcasting net of “Obieqtivi” Valery Kvaratskhelia was a chairman of the political party - “Kvaratskhelia-Socialists.”

The Commission believes, that in order to ensure just, impartial and balanced coverage of the pre-electoral campaign, it is important, that the broadcaster, during the coverage of any electoral subject,  stresses its attention on those guidelines and recommendations which are defined by the Commission’s approved resolution N2 of March 12, 20019, “On Code of Conduct for Broadcasters” and refrain from participating in social-political, news or informational programs of an official or a member of a political party in the form of   an anchor, interviewer or a journalist;

An information regarding above-noted violations have been covered by the Commission’s first interim report as well (http://gncc.ge/ge/regulation/broadcasting/elections/saparlamentro-archevnebi-2016), although, it should be noted, that the placement of the program noted through the air of “Obieqtivi” has been cancelled on August 13, 2016.   

– Administrative proceedings have been launched in the Commission in order to impose administrative responsibilities on several broadcasters, since, “International Information Agency Evrazia” Ltd, “Saperavi tv” Ltd, “Qartuli TV” Ltd, NNLE “Journalists and Lawyers for Democracy and Human Rights” have not placed news programs through their broadcasting nets.  

In accordance with the Sub-paragrapf f) of Article 2 of the Georgian law “on Broadcasting” General broadcasting is the broadcasting of programs with at least two themes, including news and social-political themes. Administrative proceedings are in progress upon above-noted broadcasters due to the violations of minimum program requirements.

“Qartuli TV” Ltd has renewed the placement of news programs from August 1, 2016.

– In the Commission, an administrative proceeding for the purpose to impose administrative responsibility on “Rustavi 2,” has ended.

 In accordance with the Article 50 of Organic Law of Georgia “on Election Code of Georgia” in order to ensure the protection of monitoring of balanced principles of non-discrimination, transparency, fairness and impartiality by a broadcaster during the coverage of pre-election process, broadcast license holder, an authorized over-the-air broadcaster, and the Public Broadcaster and Adjara TV and Radio of the Public Broadcaster shall, not later than from the 50th day before polling until the polling day, fulfill the following conditions in case the airtime is allotted for pre-election agitation and political advertising - publicly announce and weekly submit to the GNCC the following information: from and until what date and at what intervals the airtime is allotted, its duration and schedule of the allotted airtime during one day, the airtime fee, and service provided.

Since the beginning of pre-election campaign, from June 8, 2016, until August 22 of the current year, broadcasting TV Company “Rustavi 2” Ltd has not submitted above-mentioned information to the Commission. On August 22, TV Company has submitted an incomplete information defined by Annex №1 of Commission’s resolution N9 of August 12, 2012, “on the approval of participation of media in the electoral process and the rules of its application.

After an actual hearing of the issue and the position of TV Company “Rustavi 2,”the Commission has issued a written warning on TV Company in compliance with time frame and form with the legislation due to the failure to present information.

– Few newspapers, financed by central or local budget do not submit weekly information to the Commission. 

These newspapers are: Municipality of Khobi – newspaper “Khobis Moambe”; Municipality of Akhalkalaki – newspaper “Regional Tribune”; Municipality of Akhalkalaki – newspaper “Tvitmmartveloba”; Municipality of Oni – newspaper “Oni”; Autonomous Republic of Adjara – newspaper “ Newspaper Adjara and Adjara”;  Municipality of Qareli – newspaper “Qarelis Moambe”; Municipality of Abasha – newspaper “Abashis Matsne”; Municipality of Kutaisi – newspaper “Uqimerioni”; Municipality of Khashuri – newspaper “ Khashuris Moambe”; Municipality of Senaki – newspaper “ Kolkheti”; Municipality of Signagi – newspaper “Signagi”; Municipality of Tkibuli – newspaper “Tkibuli”; Municipality of Kvareli – newspaper “Kvareli”; Municipality of Ninotsminda – newspaper “Arshulsi”; Municipality of Gurjaani– newspaper “Gurjaanis Municipalitetis Matsne”; Municipality of Kharagauli – NNLE “"Municipal Center of Citizen participation and awareness” (name of the newspaper hasn’t been presented); Municipality of Akhmeta – newspaper “Bakhtrioni”; Municipality of Lentekhi – newspaper  “Svaneti”; Municipality of Gori – newspaper “Goris Matsne”; Municipality of Mtskheta – newspaper “Mtskheta”; Municipality of Bolnisi – newspaper “Bolnisi.”

In accordance with the present legislation of Georgia, for the purpose of diligent performance of obligations imposed upon the Commission, GNCC carries out the purchase of above-noted newspapers itself for test control and examines their compliance with the requirements of law. 

Recommendations:

– Non-political program “Talks about Religion” was placed through the airtime of “Tabula” whose guests during reporting period were the members of the “United National Movement.”

– Non-political program “Face Time” is placed through “Pirweli TV” whose guest during the reporting period was a representative from "Patriotic Alliance for the opposition."

The Commission believes, that in order to ensure just, impartial and balanced coverage of the pre-electoral campaign, it is important, that a broadcaster, during the coverage of any electoral subject, stresses its attention on those guidelines and recommendations which are defined by the Commission’s approved resolution N2 of March 12, 20019, “On Code of Conduct for Broadcasters” and take into consideration that participation of a candidate or a member of the party in a program which has no direct connection to the politics is possible only in such cases if negotiations about participating in the program have taken place before electoral period. A candidate should not be able to express his/her political opinions or advertise his/her candidacy in any other way;

It should be noted, that in above-mentioned programs interviewer’s were expressing their political opinions.

Other activities of the Commission related to pre-electoral period:

– COMMISSION HAS EXAMINED A VIDEO AD ABOUT ECONOMIC AND TAX REFORMS CARRIED OUT BY THE GOVERNMENT OF GEORGIA.

GNCC, based on applications submitted by “Media Development Fund,” “International Transparency Georgia” and “United National Movement” has examined video advertisement placed through the broadcasting nets of  TV Companies: “Studio Maestro” Ltd, “Imedi TV” Ltd and “Broadcasting Company Rustavi 2” Ltd regarding economic and tax reforms carried out by the government of Georgia.

The author organizations of the statement have considered, that an ad had signs of pre-election political advertising and due to this fact, have requested from GNCC to study and determine the status of an above-mentioned ad.

After examining an issue, the Commission has determined that an ad noted was placed through the broadcasting nets of TV Companies -“Studio Maestro” Ltd, “Imedi TV” Ltd and “Broadcasting Company Rustavi 2” Ltd with a status of paid advertising ordered by the Ministry of Finance of Georgia.

In accordance with the Organic Law of Georgia “on Election Code of Georgia” political/pre-election advertisement is an advertisement distributed by means of mass media of such content, which intends the promotion/hindering of electoral subject, where electoral subject is shown or his/her election sequence number and consists of signs of pre-election campaign or calls for referendum / plebiscite for or against the decision on an issue.

In the video ad, population is being informed about the economic growth oriented on tax changes ( relevant legislative changes on “Tax Code of Georgia”  came into forth on June 1 of the current year) – in case of re-investing  entrepreneur is completely exempt from profit tax, and in case of the import of fixed assets of added value taxable operations is exempt from the amount of VAT. It is also noted, that seizure of entrepreneur's bank account during tax disputes is only possible through the court’s decision, and tax examination is carried out solely by the tax authority and that an innovative start-up business program “Start-Up Georgia” has been launched.   No electoral subject, nor his/her election sequence number is being shown in the video, therefore, no identification of any electoral subject has been carried out, neither a display of any political party symbol.

In accordance with the Georgian law “on Broadcasting” an administrative body has an authority to purchase broadcasters services for the placement of a social ad within a scope of a length of time beyond the minimum level time frame defined by Article 65 of the same law for the purposes of placement of social ad/distribution of information of public importance and only in such instances, if it is defined aside by the separate article of its budget. In case, if the administrative authority is purchasing organization, the procurement shall be carried out in accordance with rules established by the Georgian law “on Government Procurement.”

An information distributed by the above-mentioned video advertisement, in accordance with an assessment of GNCC, contains information of public importance, thus, it is in compliance with the requirements of Paragraph 2 of Article 661 of the Georgian law “on Broadcasting.”

–Within the scope of third mid-term pre-electoral media monitoring, the Commission plans to add information regarding direct/indirect airtime allocated for political parties in the news programs.