ComCom Issues Mtavari Arkhi, TV Pirveli and Formula with a Violation Report
The Communications Commission has deemed Mtavari Arkhi, TV Pirveli and Formula to have violated the Election Code of Georgia and issued the broadcasters with an administrative violation report.
The Commission received a complaint from Georgian Dream – Democratic Georgia, according to which the aforementioned broadcasters refused to air the party’s political advertising. In response, Mtavari Arkhi, TV Pirveli and Formula presented a letter stating that they refused to air the Georgian Dream advert due to the video clip being unethical and containing war propaganda, incitement of strife, and attempts to intimidate the public through war. The practice of the Supreme Court of Georgia prohibits the placement of political advertising that contains propaganda for war and violence, incitement to change or overthrow the existing government and disrupt public order by violence, incitement to violate the territorial integrity of Georgia, incitement of national enmity and strife, and incitement of religious and ethnic conflict. With regards to unethical advertising, according to the practice of the Supreme Court of Georgia, this is not subject to the broadcaster's evaluation. Therefore, a broadcaster’s refusal to place political advertising on this basis constitutes a violation of the law.
Based on the Georgian legislation and legal practice, the Communications Commission deemed the video clip not to contain war propaganda or incitement of enmity and strife as claimed by the broadcasters. Therefore, the clip does not violate the Election Code of Georgia, and the broadcasters were obliged to air it upon request from Georgian Dream – Democratic Georgia. The Commission upheld the complaint from Georgian Dream and issued Mtavari Arkhi, TV Pirveli and Formula with an administrative violation report.