The Georgian National Communications Commission makes a statement concerning the changes made to the Law of Georgia on Broadcasting on September 27, 2013. Due to the changes made to the Law rules for assignment of Commissioner of independent regulatory bodies as well as procedures for Commissioner’s dismissal have been changed, consequently, Commissioner’s dismissal procedure is simplified, which in our opinion significantly reduces the degree of independence and security of a Commissioner.

The Commission would like to explain that on the one hand, the changes (paragraph 9 of Article 10) made to the Law of Georgia on Broadcasting significantly reduces the degree of independence and security of a Commissioner, on the other hand, procedures for electing new Commissioners become politically motivated.

According to the original wording of the Law (before the changes were made) the President of Georgia issued a decree on dismissal of a Commissioner if Parliament voted for approval of charges, in case of a court appeal, following a final court ruling, so dismissal of a member of independent regulatory authority depended on apolitical governmental body – court decision.  According to the changes (paragraph 6 of Article 10) dismissal of a Commissioner depends only on the Parliament’s decision. By the new version of the Law, although the Parliament’s decision may be appealed in court, Commissioner is restricted to fulfill his official powers until the court’s decision is in force, because his dismissal act remains in force, despite the appeal in court.

We consider that because of the changes made to the Law of Georgia on Broadcasting the Georgian National Communications Commission members will not be able to be independent while making their decisions, presumably, a Commissioner who is subject to regulation by the Commission , subconsciously will consider attitude of the Parliament in relation to the issue to be regulated.

We suppose that these powers of the Georgian Parliament will function as sword of Damocles for the independence and security of Members of the Georgian National Communications Commission.

Besides, we would like to draw the society’s attention to one issue, namely, before the changes were made to the mentioned Law, Parliament members by means of secret ballot gave consent to candidates to be appointed as Commissioners. The new version of the Law (paragraph 12 of Article 9) does not imply secret ballot when electing a Commissioner.

Finally, the Georgian Parliament discussed and adopted the changes to be made to the Law of Georgia on Broadcasting rapidly and the motive became the necessity caused by the constitutional amendments. This argument was criticized by such authoritative organizations as Georgian Young Lawyers’ Association and Transparency International Georgia.