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.

The Commission notes, that 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.”

 We note, that 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 a 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 stresses 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 addresses 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.