February 13, 2020 15:59

GNCC Issues Mtavari Arkhi with a Fine for Broadcasting Political Advertising outside the Election Period

The Georgian National Communications Commission has fined Mtavari Arkhi for broadcasting political advertising outside the election period, issuing the broadcaster with a GEL 2500 fine for breaking the law and failing to comply with GNCC’s ruling.

The case concerns political adverts that were shown on Mtavari Arkhi outside the election period. According to the Georgian legislation, broadcasters can only show such adverts during the election period.

Broadcasters must ensure that advertising shown on their channels comply with the Georgian legislation, which Mtavari Arkhi failed to do.

GNCC first discussed this issue during the public session on 30 December, determining that Mtavari Arkhi violated the advertising rules under Georgian legislation. The Commission issued the broadcaster with a written warning for violating the law, including the terms of the Administrative Offences Code of Georgia, the Law of Georgia on Broadcasting, the Law of Georgia on Advertising and the Regulations of the Georgian National Communications Commission. GNCC instructed the broadcaster to immediately remove the video clips in question from its schedule. However, the broadcaster failed to follow this instruction.

During the meeting held on 6 February, the representative from Mtavari Arkhi stated that the adverts in question had already been removed from the schedule in accordance with GNCC’s ruling. The Commission carried out media monitoring activities, determining that the broadcaster removed the political adverts from its schedule on 5 February – 23 days after the deadline set by GNCC.  

According to the Law of Georgia on Broadcasting, a repeat violation is subject to a fine of up to 0.5% of the broadcaster’s annual revenue, which in case of Mtavari Arkhi is a maximum of GEL 6,479.38.

Taking into account the fact that Mtavari Arkhi had removed the video clips from its schedule, GNCC used its discretion to impose the minimum fine of GEL2500 for repeat violation of the legislation.

The issue of broadcasting political advertisement outside the election period has been a contentious subject among broadcasters and numerous political parties alike. GNCC’s rulings have been appealed by broadcasters in court. However, the Court of First Instance upheld the Commission’s ruling. Furthermore, in 2019, the Alliance of Patriots of Georgia submitted a bill to allow political advertising outside the election period. However, the bill was not supported by the Parliament.

 

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