On August 15, 2024, the National Communications Commission of Georgia imposed a fine of 2,500 GEL on "Mtavari Arkhi" for airing political advertisements outside the designated pre-election period.
The case involves two videos aired on “Mtavari Arkhi”. The first video suggests that European integration is less popular in regions of Georgia inhabited by ethnic minorities. However, civil sector research has shown that this does not apply to all regions, and ethnic Azerbaijani media are actively combating the reinforcement of stereotypes. The video concludes by stating: "Just as it is easy to find examples of the benefits that Western knowledge and assistance have brought to civil society in Georgia, it is equally easy to recognize the dangers that the implementation of the "Russian Law" poses to all segments of society." As for the second video clip, it displays footage of protests against the “Russian law” set to Niaz Diasamidze's song, and ends with the logo: "Yes - to Europe, No - to Russian Law."
As explained by the Commission, the Georgian law "On Transparency of Foreign Influence" is portrayed in the videos in a negative light and is referred to as the "Russian Law." The Commission's report notes that it is well known that the ruling party was the initiator and advocate of this law, and therefore, the video's intention appears to hinder the election prospects of the "Georgian Dream" in the upcoming elections. The Commission stated that labeling the law as "Russian" is problematic, as it deviates from its official legal name. Additionally, by referring to it as "Russian," the video casts the ruling party, which supported the law, in a negative light.
According to the explanation provided by "Mtavari Arkhi," the contested videos were intended as social advertisements rather than political ones, with the goal of highlighting an important issue for society, specifically European integration. They argue that the videos cannot be considered political since no political party is shown or mentioned. A representative of "Mtavari Arkhi" also emphasized that the law in question directly affects the broadcaster, giving them the full right to express their editorial stance or opinion regarding the law, including referring to it as "Russian." They further asserted that the Communications Commission should not interfere with the content of their expression.
It should be noted that representatives of GDI also participated in the session, where they argued that the video clips do not fall under the legal definition of political or pre-election advertising, but rather constitute social advertisements. They expressed concern that the National Communications Commission's act of censoring the media for mentioning the "Russian law" is yet another manifestation of an authoritarian regime. The main message being conveyed is that broadcasters should refrain from criticizing current events in the country, including the adoption of the “Russian law,” despite the fact that this law directly affects broadcasters and significantly undermines Georgia's European integration process. Furthermore, we believe that the Commission's decision signals that it will play a key role in advancing the ruling party's interests and suppressing criticism of the “Russian law” in the lead-up to the elections.
It is also worth mentioning that the National Communications Commission of Georgia has recently been actively using its legal leverage against broadcasters, which indicates that yet another institution of the authoritarian regime has launched a comprehensive full-scale attack on critical media.
Additionally, on July 25, 2024, the Commission issued a written warning to the TV company "Mtavari Arkhi" for unlawfully broadcasting advertisements with political content. In the given case,the Commission deemed a video clip, which featured and named members of parliament who supported the “Russian law,” as a political or pre-election advertisement. It is noteworthy that this decision drew a response from the U.S. Helsinki Commission, which stated that the "Georgian Dream pulls out yet another tactic from Russia’s authoritarian playbook to censor their opposition and deny the Georgian people the democratic future they are fighting for”.
We believe that the Communications Commission's recent actions and censorship decisions are intended to suppress the use of the term "Russian law" in the broadcasting space, effectively silencing discussions and criticisms surrounding the law and the government. This approach aims to eliminate debate on the “Russian law” from the media, exploiting the Communications Commission as a tool to achieve this objective. This trend is particularly concerning given the broader challenges facing critical media, including the enactment of the “Russian law,” physical and verbal attacks on journalists, the increasing prevalence of SLAPP lawsuits, discrediting statements by government officials, etc.
