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.

Information about direct and indirect airtime allocated specifically for election subjects during news programs has been added to an above-mentioned report. Within the scope of direct time allocation, are analyzed such instances, when election subject/candidate directly speaks/participates in the program, as for an indirect time allocation, the time devoted by a broadcaster speaking of election subjects/candidates and their supporters is being analyzed. In the lengthy document of the third media monitoring report, direct time allocated for a political subject is indicated in blue, as for the indirect – in a red color.

The first mid-term report of pre-electoral process covers the period from August 9, 2016, up until September 8, 2016. Following violations have been detected as a result of the monitoring:

Revealed violations:

Written warning has been issued on “TV Company Rustavi 2” Ltd for the failure to fulfill pre-electoral  obligations :

In accordance with Paragraph I of Article 50 of the Organic Law of Georgia “on Elections” in order to ensure the protection of balances of non-discriminatory, impartial, fair and unbiased principles by the broadcaster during the coverage of pre-election period - a 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: a) if airtime is allotted for pre-election campaigning 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.

“Broadcasting Company Rustavi 2” Ltd has not submitted above-mentioned information to the Commission from June 8, 2016 up to August 8 of the current year. TV Company presented information as defined by Annex №1 of the 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, “however, the information was still incomplete.

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 defined by the legislation due to the failure to present information.

The violation has been carried out by NNLE ”Civic Education Fund” of an obligation  as defined in accordance with the Organic law of Georgia “on Elections” and  of the 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.”

In particular, the company fails to present broadcaster’s weekly information to the Commission and does not publish it on its web-site either. The Commission to discuss an issue within the scope of administrative proceedings during the public hearing session.

The Commission has imposed  written warnings on 6 TV Companies:

GNCC has issued written warnings on six TV companies – “International Information Agency Evrazia” Ltd, “Saperavi TV” Ltd, “Qartuli TV” Ltd, “TV Company Qartuli Arkhi” Ltd and NNLE “"Journalists and Lawyers for Democracy and Human Rights” since, none of these TV companies have placed news programs through their broadcasting nets. 

All of these six companies are entities authorized for private-general broadcasting, which, in accordance with the Georgian law “on Broadcasting” implies broadcasting of programs consisting of at least two-themes, news and social-political programs. In accordance with the same law provided, Public Broadcaster and the TV and Radio Public Broadcaster of Adjara, as well as general broadcasters have obligation to place news and social-political programs within the best timing and ensure to inform the society in timely manner in the scope of their coverage area in regard to the current events happening in Georgia as well as worldwide.

An actual review of an issue with the involvement of interested parties was held at the Commission’s public session. After hearing positions of the parties, the Commission made a decision to issue written warnings on all six TV companies.

– Publication of public opinion poll results violating obligations defined by the current legislation.

Publication of public opinion poll results by some media outlets were provided without protection of relevant statutory obligations.

In accordance with sub-paragraph f) of Paragraph 11 of Article 51 of the Organic Law of Georgia “on Elections” while publishing the results, the following shall be indicated:

- an organization conducting public opinion poll;

- subject ordering or financing the public opinion poll;

- exact formulation and sequence of questions used for opinion polls;

- the time of conducting field opinion poll;

- the number of individuals interviewed and the selection method;

- in which area or category of people the selection was conducted;

- whether the research is based on the opinion of people interviewed;

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

- margin of selection;

- margin of errors;

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

The protocols of administrative offenses are being drawn by the Commission’s staff members and their transfer is underway to the city (regional) courts. 

Commission has drawn a protocol of administrative offenses to the newspaper “Tkibuli,” an issue has been reviewed by the city court.

Based on a claim submitted by “GYLA” to the Commission, a protocol of administrative offenses has been drawn to the newspaper “Tkibuli” for the violation of rules of pre-electoral agitation and political advertising and has been transferred it to the city court (Kutaisi) for further dispute resolution. The court, on its hand, has imposed a written warning on the newspaper “Tkibuli.”

In the July issue of the newspaper “Tkibuli” an agitation letter was published by an MP of Tkibuli Elguja Gotsiridze for the political union “Georgian Dream” – “Democratic Georgia” which didn’t indicate whether the published material was paid or free political advertisement.

In accordance with the resolution №9 of GNCC of August 15, 2016, of the Organic Law of Georgia “on Elections” and “on participation of media in pre-electoral process and rules of its application,” while publishing an agitation letter, before the headline of the letter and in the corner of an advertisement, there must be an inscription "paid political advertising" or "free political advertising.

–– The weekly information is not being presented to the Commission from the number of newspapers that are financed from the State Budget of Georgia. 

 In accordance with sub-paragraph 2 of Paragraph 50 of the Organic Law of Georgia “on Election Code of Georgia” From the moment of announcement of elections until the sum up of election results, newspapers, funded by central or local budgets, fall under media monitoring. With a regard to above-mentioned, GNCC has requested information about newspapers financed by local or central budgets from the Ministry of Finance of Georgia, the municipal representatives and executive bodies and Autonomous Republics of Abkhazia and Adjara. As a result of processing of the data obtained, 31  newspapers fell under the pre-electoral media monitoring during the Parliamentary Elections of Georgia of October 8, 2016. (Information about newspapers is available at the Commission’s web-site).

The request to ensure monitoring during pre-election period has been sent to all newspapers in accordance with requirements of Annex №2 to submit information of the Commission’s resolution №9 of August 15, 2016, of the Organic Law of Georgia “on Election Code” and “on participation of media in pre-electoral process and rules of its application” however, 7 newspapers, despite the fact that they have received Commission’s letter, still, do not present the information.

The noted newspapers are: 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 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 Lentekhi – newspaper “Svaneti”;  Akhmeta – newspaper “Bakhtrioni”; Municipality of Lentekhi – newspaper  “Svaneti”; Municipality of Gori – newspaper “Goris Matsne”; Municipality of Gori – newspaper “Goris Matsne”; Municipality of Vani – newspaper “Saerto Sitkva”; Municipality of Tsalenjikha – newspaper “Egrisis Matsne”; Municipality of Khobi – newspaper “ Khobis Moambe.”

For the purpose of fulfillment of the obligations imposed upon the Commission by current legislation, the Commission attempted test purchases by the means of private companies, however, press companies on the market have no information in regard to the noted newspapers in their lists, that is to why the Commission once again addressed municipalities and has asked to present the newspapers.

Reccomendations:

– 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, ” “Free Democrats” and “National Forum.”

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

- Non-political program “Nanuka Zhorzholiani’s Show” is placed through the broadcasting TV Company “Rustavi 2” whose guest during the reporting periof was the former president of Georgia – Mikheil Saakashvili.

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 own political opinions.

GNCC has studied an issue related to the placement of the presentation of “Georgian Dream” – “Democratic Georgia’s” program through the broadcasting nets by the several broadcasting companies.

After the presentation of above-mentioned program, video ad has been placed by “Georgian Dream” – “Democratic Georgia.” The Commission has expressed its interest towards the status of an ad placed through the broadcasting nets of “Studio Maestro” Ltd, “Imedi TV” Ltd and “GDS” Ltd. 

Based on the letters presented to the Commission by the TV Companies, video ad placed through their broadcasting nets was the part of pre-election program presentation that was being aired live. In addition, broadcasters have not been informed that video ad was to be placed within the scope of live re-transmission. In accordance with the broadcasters’ statement, the coverage of similar events of other political parties is being planned as well. It should be noted, that based on a statement submitted by “GDS,” even though the company has not yet made a decision in regard to the placement of a musical advertisement, still, the company will ensure to deduct the relevant running time from the free airtime allotted for the political union “Georgian Dream” – “Democratic Georgia.”

The Commission additionally notes, that the coverage of the presentation of the program of “Georgian Dream” – “Democratic Georgia” has been carried out by the 1^st channel of LEPL “Public Broadcaster” however, the video ad by the political union was never placed. 

The Commission notes, that during the pre-election campaign, a broadcaster must pay enormous attention to ensure fair, impartial and balanced coverage. Accordingly, if a broadcaster makes a placement of pre-election program presentation of the specific political union within the scope of its editorial independence, it is recommended to ensure the allocation of relevant airtime for another election subject for the same purpose.  

Other activities carried out by the Commission related to pre-electoral period:

The Commission has studied a joint statement Of September 8, 2016, disseminated by “GYLA,” “International Transparency Georgia” and “International Society for Fair Elections and Democracy” as well as the statement of September 9, 2016, of “International Transparency Georgia” in relation to the program “Meetings with Regional Media” placed through the broadcasting net of “GDS” Ltd, whose respondent is a former Prime Minister of Georgia Mr. Bidzina Ivanishvili.

Article 23 of “Code of Conduct for Broadcasters” of the Commission’s resolution N2 adopted on March 12, 2009, defines requirements related to the placement of social-political programs and the coverage of elections. The joint statement disseminated by “GYLA,” “International Transparency Georgia” and “International Society for Fair Elections and Democracy” deals with the override of sub-paragraph 9 of the same Article, in particular, in accordance with sub-paragraph 9 of Article 23 of “Code of Conduct for Broadcasters” – “During election periods, broadcasters should draw a clear line between the fulfillment of public and party functions in order to ensure impartial and balanced reporting. Broadcasters should exercise particular care in reporting activities of public officers and differentiate strictly between their official functions and their private/party/election activities.”

An above-mentioned norm outlines the rules of conduct during the election campaign, during which, broadcaster should try their best to draw a clear line between fulfillment of public/state functions of the current public officials from their private/party/election activities. Accordingly, the Commission considers that requirements defined by sub-paragraph 9 of Article 23 of “Code of Conduct for Broadcasters” have not been violated.

The Commission draws its attention to the fact, that in accordance with Article 14 of the Georgian law “on Broadcasting”: “A broadcaster shall establish, on the basis of the Code of Conduct, an effective mechanism of self-regulation for internal review of and timely and justified response to complaints.” Also, the interpretation of the issues of ethical norms and professional standards set by the code of conduct, is prohibited, as well as appealing decisions made within the scope of self-regulatory mechanism as defined by Paragraph 1 of Article 14 of the Georgian law “on Broadcasting” in court, the Commission or any other administrative body. Therefore, response on possible violations of ethical norms and professional standards set by the code of conduct may be carried out only within the scope of self-regulatory mechanism as defined by Paragraph 1 of Article 14 of the Georgian law “on Broadcasting.”

The statement spread by “GYLA,” “International Transparency Georgia” and “International Society for Fair Elections and Democracy” notes, that “format of the program referred to the ruling party’s propaganda from the announcement.” The video shows that Bidzina Ivanishvili, within the programming cycle, alongside with other issues, shall discuss to why “Georgian Dream” has no “alternative.” Also, the number and symbol of the “Georgian Dream” is being demonstrated in the announcement.

In accordance with sub-paragraph cc) of Article 2 of the Georgian law “on Broadcasting” advertisement is a commercial, social or pre-election advertisement, except any declaration made by a broadcaster regarding his own or independent program (announcement is meant), being information diffused by any means or form on a natural person or legal entity, goods, service, work, idea and initiative, which targets an indefinite set of people and is aimed at forming and keeping up interest in a natural person or legal entity, goods, service, work, idea and initiative and encouraging trade of goods, service, work, idea and initiative.

Current legislation clearly explains, that the placement of its own program announcement in the broadcasting net by a broadcaster shall not be regarded as an advertisement, including, as a political pre-election advertisement. It should be also noted, that the broadcasting net of a general broadcaster (especially during pre-electoral period) is blended with a type of program announcements, which display numbers of various political parties and electoral symbols.

As for “an agitation for the party’s favor” we shall note, that during pre-election period agitation signs are not typical for only social-political programs, but for entertaining programs, feature and animation movies and others. With a regard to these circumstances, the Commission considers, that regulation issue of the broadcasting content is a subject of an extreme caution, moreover, the legislative framework of the content regulation practically does not exist. As we know, according to the Georgian legislation of Georgia, broadcaster benefits from editorial independence, with freedom of speech and freedom of expression guaranteed by the Constitution and current legislation, as for censorship – it is prohibited.  In accordance with the current legal norms, regulation of non-fulfillment of broadcasters content related activities can not fall under the Commission’s, even more, court’s subject of discussion.  

At the same time, the Commission stressed its attention on editorial independence and journalist’s professional freedom, in general on freedom of speech and freedom of expression and on other hand - on the necessity of protection of restrictions imposed by the applicable laws in order to maintain proportionality and balance in between, and addressed broadcasters, to especially pay attention on fair, impartial and balanced coverage of events during pre-election campaigns, to ensure the protection of the principles of justice, impartiality, accuracy and balance while placing/broadcasting current news or social-political programs related to the election subject (with their participation) not only during one program’s specific format, but within the scope of various programs placed through the broadcaster’s airtime as well.

The statement of “Labour Party” has been  sent to the Commission by the Interagency Commission for Free and Fair Elections related to the problem of coverage of one of pre-election activities as well as the statement of the political union “Zviadis Gza Uplis Saxelit” in regard to the allocation of airtime by NNLE” Public Broadcaster.” 

The Commission has addressed “TV Company Rustavi 2” Ltd, “TV Company Pirweli” Ltd, “Imedi TV” Ltd, “Magticom” Ltd and NNLE” Public Broadcaster” in regard to the noted issue.   Within the scope of the study, no violations have been detected defined by the current legislation. Written explanations received at the Commission by the companies have been transferred to the Interagency Commission for Free and Fair Elections, to the “Labour Party as well as to the political union “Zviadis Gza Uplis Saxelit.”