The Communications Commission has published the second media monitoring report for the 2019 midterm parliamentary elections, midterm Assembly elections and extraordinary elections of mayors of municipalities, covering the period between 31 March and 19 May 2019. 21 broadcasting channels and radio broadcasters were monitored during the reporting period. During the monitoring process, the Commission election advertising, election debates, news and political programmes, as well as public opinion polls and research.

21 broadcasting channels and radio broadcasters were monitored during the reporting period. During the monitoring process, the Commission scrutinised the following:

a) Election advertising;

b) Election debates;

c) News and political programmes;

d) Election campaigning;

e) Public opinion polls and research.

The media monitoring process was conducted by a total of 13 monitors. Along with Communications Commission employees, the monitoring process also involved graduates from various universities who received special training prior to the start of the monitoring process.

The monitoring process scrutinised paid-for and free election advertising, ensuring that broadcasters allocated political advertising time in a fair and transparent manner. As part of the monitoring of news reports, political programmes and election debates, the Commission focussed on the time allocated by broadcasters to qualified electoral subjects and the coverage of their pre-election activities.  Activities of other political subjects who are involved in the election process were also scrutinised. In case of failure by broadcasters to fulfil their legal duties, the Commission will study each specific case and respond to them in accordance with the legislation.

The monitoring results include information about the time allocated directly or indirectly to electoral subjects during the news coverage. Directly allocated time includes instances when electoral subjects/candidates are personally speaking/participating in a programme, while indirectly allocated time includes the time devoted by broadcasters on talking about the electoral subjects/candidates and their supporters.

Monitoring results are also categorised by gender, showing the total time allocated by individual broadcasters to male and female politicians. 

Pre-election environment, violations and recommendations:

Campaigning carried out by ‘technical candidates’ registered by the qualified electoral subjects:

According to the Election Code of Georgia, general national broadcasters must allocate political/pre-election advertising time to qualified electoral subjects in an even and non-discriminatory manner, ensuring that no individual electoral subject is allocated more than 90 seconds of advertising time.

During the reporting period, several qualified electoral subjects placed political/election adverts that did not encourage the public to support their own candidates. These qualified electoral subjects only placed political/election adverts in support of other electoral subjects.  Such actions were carried out by the following electoral subjects:

The Movement “State for the People” placed adverts in support of Sandra Roelofs.

Civic Platform New Georgia placed adverts in support of Sandra Roelofs and Irakli Jorbenadze.

The National-Democratic Party placed adverts in support of Sandra Roelofs and Irakli Jorbenadze.

The Christian-Conservative Party of Georgia placed adverts in support of Sandra Roelofs and Irakli Jorbenadze.

The Movement for Free Georgia placed adverts in support of Shalva Shavgulidze.

The New Christian-Democrats placed adverts in support of Mariam Machaberidze and Zurab Kupatadze.

Freedom – The Zviad Gamsakhurdia Way placed adverts in support of Grigol Gegelia.

Although such actions do not violate the laws under which the Commission conducts the monitoring process, they threaten political pluralism and discriminate against numerous qualified electoral subjects. The Commission believes that by placing election adverts in such a manner, the technical candidates registered by the qualified electoral subjects violate the principles of fairness and place certain qualified electoral subjects in a position of disadvantage. Specifically, while qualified electoral subjects are legally entitled to 90 seconds of free political advertising in each three-hour period, certain candidates ended up receiving considerably more time due to the aforementioned actions.

The decision by Rustavi-2 to raise the time limit for free political advertising:

During the reporting period, the Commission became aware of the decision by Rustavi-2 to increase the time limit for free political/pre-election advertising. The broadcaster first increased the limit from 7.5 minutes in each three-hour period to 9 minutes, and then to 12 minutes during the final week of the election campaign. Certain qualified electoral subjects used the additional time to encourage the public to vote for other electoral subjects. Although these actions by the broadcaster do not violate the law, they threaten political pluralism. Furthermore, the significant increase in the mandatory time limit on free political/election advertising by the national broadcaster may lead to a fall in demand for paid-for political/election advertising, which will negatively affect smaller broadcasters, and regional broadcasters in particular.

To avoid discriminatory approaches during the election period, the Communications Commission wishes to remind broadcasters of their duties under the legislation and call on them to allocate free political/election advertising time to qualified electoral subjects in a fair, even and non-discriminatory manner, ensuring that no individual electoral subject is allocated more than 90 seconds of advertising time.

The Communications Commission created records of administrative offences for five media organisations for violating the regulations for publication of public opinion polls. The records were submitted to the appropriate court for further action. According to Article 50.5 of the Election Code of Georgia, it is prohibited to publish public opinion poll results with regard to elections, except for the possible number of voters in elections and the number of voters participating in elections on polling day, within 48 hours before polling day and until 20:00 of that day.

On 17 May 2019, a number of broadcasters published the results of the IPSOS S.A. public opinion poll commissioned by Rustavi-2. Results were broadcasted throughout the day on 17 May in violation of the 48-hour restriction placed by the legislation. Furthermore, several news agencies shared these results on 17 May, thereby also violating Article 50.5 of the Election Code of Georgia.

Due to the aforementioned violations, records of administrative offences were created against the following organisations:

- Broadcasting Company Rustavi-2 Ltd.

- Pirveli Radio Ltd.

- Tavisupali Gazeti Ltd. (ipress.ge)

- Alliance of Journalists – People’s Voice Ltd.

- Network of Information Centres Ltd.

The broadcasting schedule of Obiektivi includes a programme presented by members of the Alliance of Patriots of Georgia Davit Tarkhan-Mouravi and Irma Inashvili.

The Commission believes that in order to ensure fair, balanced and unbiased coverage of the election campaign, broadcasters must pay particular attention to the guidelines included in the Code of Conduct for Broadcasters, which was approved by the Communications Commission on 12 March 2009. Broadcasters should avoid scenarios where high-ranking politicians or members of political parties act as presenters, interviewers or journalists on political or news programmes.

Pre-election debates:

In accordance with the Election Code of Georgia, broadcasters who decide to conduct coverage of the election campaign must ensure that election debates are presented in a non-discriminatory manner and that all qualified electoral subjects are included. The monitoring process for the reporting period revealed that a number of broadcasters did not hold election debates or failed to include all qualified electoral subjects in their debates. To obtain full information regarding the election debates, the Commission asked broadcasters to provide an appropriate explanation. The feedback received from the broadcasters is currently being analysed, following which the Commission will undertake appropriate measure in accordance with the existing legislation.

Appearance of electoral candidates on non-political programmes:

The Commission believes that in order to ensure fair, balanced and unbiased coverage of the election campaign, broadcasters must pay particular attention to the guidelines included in the Code of Conduct for Broadcasters, which was approved by the Communications Commission on 12 March 2009. Consequently, broadcasters should keep in mind that the appearance of an election candidate on programmes that are not directly connected to politics is only permitted if the candidate’s appearance was arranged prior to the pre-election period. The candidate must not be allowed to express political opinions or to otherwise promote his candidacy.

The following non-political programmes allowed election candidates to make political statements during the reporting period:

Rustavi-2: the candidates Koba Davitashvili (Independent), Sandra Roelofs (United Opposition) and Shalva Shavgulidze (Free Democrats) appeared on the programme “Nanuka Show.” Sandra Roelofs and Giorgi Tsulaia (Free Georgia) appeared on the programme “Profile.” Giorgi Tsulaia also appeared on the programme “Hidden Envelope.”

Teleimedi: during the reporting period, election candidates appeared on entertainment programmes. Lado Kakhadze (Georgian Dream) and Sopio Khorguani (Independent) appeared on the programme “Culinary Duel.” Lado Kakhadze also made one appearance on the programme “Night Show.”

TV Pirveli: during the reporting period, Lado Kakhadze (Georgian Dream) and Shalva Shavgulidze (Free Democrats) appeared on the programme “Mdzime Katstan” (Heavy Man).