Communications Commission fines 'Mtavari Arkhi' and issues a warning to 'Formula' and 'TV Pirveli'
By Liza Mchedlidze
Wednesday, August 24, 2022
The Communications Commission issued a warning to Television companies Formula and TV Pirveli for airing the clip 'Home to Europe', and fined the main channel 118,688 GEL, thus satisfying Georgian Dream's lawsuit against media companies.
The case concerns the airing of the video of the June 24 pro-Western and anti-Russian rally. The ruling party filed a lawsuit against the aforementioned companies for including pre-election/political content which portrayed 'Georgian Dream' leaders negatively.
The media companies consider 'Georgian Dream's' lawsuit as a punitive measure and note that "such a deliberate attack of the government on the critical media will become another obstacle to the European integration of the country".
The acting General Director of Mtavari Arkhi, Giorgi Gabunia, said that the TV company is not going to pay the fine imposed by the Communication Commission as they are planning on appealing the decision.
"First of all, it should be emphasized that we were fined once again for a pro-Europe video, which I'm not surprised with, of course. They didn't miss this chance to make our already difficult financial situation even worse. We also heard direct threats that if we continue like this and another pro-European clip will appear on our broadcast, our license may be revoked. I will not be surprised by this, moreover, the oligarch's clip is broadcasted here, where a carrot can be seen and I am waiting for when we will be fined for that carrot. It is not a problem, we are not going to pay this fine. We will file an appeal, as in the previous case, and see what happens next." Giorgi Gabunia told Mtavari Arkhi.
According to the Coalition for Media Advocacy, the decision of the Communications Commission on August 23, 2022, against three critical broadcasters: Formula, the main channel, and TV Company First, is of a political nature and is not based on legal grounds.
According to them, the decision made by the commission contradicts the practice established by the Tbilisi City Court, according to which, in order to determine a similar violation, first of all, the pre-election/political characteristics of the advertisement placed on the air network and its formal side should have been evaluated. Not a single election entity, not a single candidate for the position of public authority, can be seen in the controversial ring spread in the name of the campaign 'Home to Europe'.
Accordingly, the material does not meet the cumulative conditions, the combination of which would create the possibility of evaluating it as a pre-election advertisement.
The Media Advocacy Coalition stated that the decision of the Communications Commission, according to which the Communications Commission warned 'TV Pirveli', and 'Formula' and fined 'Mtavari Arkhi' 1% of the annual income, is unfounded and significantly worsens the media environment in Georgia.
The Media Advocacy Coalition believes that the decision of the Communications Commission on August 23, 2022, against the three broadcasters is of a political nature and is not based on legal grounds.
"The decision taken by the commission contradicts the practice established by the Tbilisi City Court, according to which, in order to determine a similar violation, first of all, the pre-election/political characteristics of the advertisement placed on the air network and its formal side should have been evaluated. Even in the controversial ring spread under the name of the campaign 'Home to Europe', not a single election subject - not a single candidate for the post of public authority - can be seen. Accordingly, the material does not meet the cumulative conditions, the combination of which would create the possibility of evaluating it as a pre-election advertisement.
The interests of the company 'Formula' are protected by the member organization of the coalition Georgian Democratic Initiative (GDI). Based on the fact that the decision of the Communications Commission significantly worsens the media environment in Georgia, the member organizations of the Media Advocacy Coalition are ready to protect the interests of the broadcasters even at the stage of continuing the dispute in the court," the statement reads.
According to the information of the Communications Commission, 'TV Pirveli' and 'Formula' were warned in a written form, and 'Mtavari Arkhi' was fined 1% of the broadcaster's annual income due to the illegal posting of political advertisements on the air during the non-election period.
