The Communications Commission has cautioned 20 broadcasters for failing to comply with the legislation on financial transparency. A further 16 broadcasters were deemed to have violated the legislation, but were freed from responsibility. These include Teleimedi, TV Pirveli, Formula, Mtavari Arkhi, Media Holding (Rustavi 2), TV Caucasus, as well as regional and radio broadcasters. The cases of the Georgian Public Broadcaster and the Union of Journalists – People’s Voice will be examined later. 

More specifically, the case concerns the changes made to the Law of Georgia on Broadcasting in 2013, establishing financial transparency for broadcasters. Following a seven-year court case, the broadcasters are now bound not only by the legislation and the decisions of the Communications Commission, but also by the ruling of the Supreme Court to comply with the law on financial transparency. 

Following the Supreme Court ruling, the Communications Commission spent 7 months working with the broadcasters to ensure their compliance with the legislation. Nevertheless, the majority of broadcasters are yet to provide the Commission with full information regarding their funding sources. The Commission therefore deemed the broadcasters in question to have violated the law and gave them 15 days to comply with the legislation.   

According to the Law of Georgia on Broadcasting, broadcasters must submit information about their finances and funding sources within 15 days after each quarter. 38 broadcasters have either submitted incomplete information about the first, second, third and fourth quarters of 2021, or are yet to submit any information at all.   

Some broadcaster submitted the full information required by law prior to the meeting of the Communications Commission. Consequently, the Commission deemed the broadcasters in question to have violated the law, but freed them from responsibility due to them taking the necessary steps to rectify the issue. The remaining 20 broadcasters, who failed to comply with the law, were issued with a written caution by the Commission. 

The Communications Commission has spent the last few years trying to enforce the Law on Broatcasting. The 2013 changes to this law served to increase financial transparency of the broadcasters by providing the public with full information on their funding sources. Another objective was to reveal the extent to which individuals connected to certain political organisations are financing specific broadcasters and whose interests those media sources may be serving. Viewers must be able to analyse the content of each channel, examine the influence of funding sources on the channel’s editorial policy and protect themselves from possible manipulation. 

Most broadcasters did not comply with the terms of the law on financial transparency as they appealed the decision of the Communications Commission in various courts for several years. However, the 2021 judgment by the Supreme Court, which follows similar rulings by the Civil Court and the Court of Appeals, makes it mandatory for the broadcasters to abide by the decision of the Communications Commission regarding financial transparency. The Supreme Course ruled against the former management of Rustavi 2, who were seeking to have the decision of the Commission declared invalid. 

Over the last few years, Georgia has often been criticised due to the refusal of the broadcasters to comply with the law. The 2017, 2018 and 2019 annual reports of the State Department of United States criticised the country for failing to fulfil its duties under the law.