This week, the Communications Commission (ComCom) made a decision on two complaints filed by the ruling Georgian Dream party against opposition-leaning TV stations. The first complaint was about the refusal of some channels to air the party’s advertisement, which the channels claimed contained “hate speech” and violated the law. The second complaint was about the unequal distribution of airtime for free political advertisements and the placement of individual political ads by parties in coalition with others.
On September 13, ComCom issued a protocol of administrative violations against TV Pirveli and Formula TV for not broadcasting the ruling party‘s political ad. The day before, ComCom fined Mtavari TV for the same reason, and this decision was also upheld by the Tbilisi City Court. Both TV Pirveli and Formula TV initially aired the ad, but later took it off the air, citing “hate speech” and violations of broadcasting and advertising laws. ComCom granted the ruling party’s request to issue a protocol of administrative violations against these channels.
During a public meeting, ComCom listened to arguments from all sides and determined that the ad “does not contain hate speech or incite violence.” The Commission stated that the ad was meant to present the party’s pre-election vision and did not violate any laws. However, Mtavari TV appealed to the Tbilisi City Court against ComCom’s decision to fine them. The station’s lawyers argued that according to the Broadcasting Law, political parties cannot portray anyone in a negative light who does not represent another political entity participating in the elections. Despite this argument, the Court upheld ComCom’s decision to fine the station. Mtavari TV plans to challenge this ruling in the Appeal’s Court.
On September 12, ComCom also upheld the ruling party’s complaint against Mtavari TV, Public Broadcaster, TV Pirveli, and Formula TV. The Commission issued a protocol of administrative violations against these channels for broadcasting individual political ads of parties in coalition with others. ComCom stated that this issue was precedent-setting and would appeal to the court to exempt the broadcasters from the fines.
In summary, the Communications Commission has made decisions in favor of the ruling party in both cases. The channels that refused to air the party’s ad were fined, and those that aired individual political ads of parties in coalition with others were also fined. These decisions have sparked controversy and legal challenges, with some arguing that they limit freedom of speech and expression.
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