Information support to election campaigning

1. In the course of election campaigning, when broadcasting social-political programs and elections, a broadcaster shall observe the principle of impartiality and fairness according to the Law of Georgia on Broadcasting, the Code of Conduct of Broadcasters, and this Law.

2. A general broadcaster intending to cover election campaigning shall broadcast pre-election debates in a non-discriminatory manner and with the participation of all qualified electoral subjects in the course of the election campaigning within its coverage area.

3. The obligations provided for by this Law for equal allotment of airtime, creation of equal conditions for participating in debates, and for setting equal conditions for election advertising shall apply only to the broadcasters referred to in paragraphs (5, 6 and 61) of this article and only in relation to qualified electoral subjects; in the case provided for in paragraph (61) of this article the obligations shall also apply in relation to the electoral subjects referred to in subparagraph (c) of the same paragraph.

4. (Deleted – 22.6.2016, No 5438).

5. During the election campaign in their respective coverage areas, the Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and any community broadcaster shall allot, not later than the 50th day before the Election Day, in every hour five minutes to broadcast free of charge, the preelection advertisements, and every 3 hours broadcast free of charge and without discrimination, the pre-election advertisements submitted to them by each qualified electoral subject, on the condition that the time allotted to a qualified electoral subject during such period shall not exceed 90 seconds (each electoral subject may divide the time allotted in several parts). The airtime not used by an electoral subject may not be added to other airtime allotted to the electoral subject.

6.1. A broadcaster, other than the ones referred to in the fifth and sixth paragraphs of this article, shall broadcast pre-election advertising free of charge for the last 30 days until the Election Day if during the election campaign within its coverage area it airs any paid pre-election advertising of the electoral subject specified in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens. In that case, the broadcaster shall allot time to pre-election advertising free of charge (if the paid advertising is aired during the prime time as defined by the Law of Georgia on Broadcasting, the free advertising shall be aired in the proportion provided for below and in the same time period, on the same day or, in agreement with the client, on another day. In all other cases, free advertising shall be broadcast in a three-hour interval from the time of broadcasting paid advertising in the broadcasting network, on the same day or, in agreement with the client, on another day. The free advertising airtime not used by an electoral subject may not be added to other advertising airtime allotted to such subject):

a) for the above electoral subject, the time equal to the advertising time purchased by the electoral subject. The time shall be distributed so as not to take up more than 90 seconds in three hours (each electoral subject may divide the time allotted in several parts);
b) for qualified electoral subjects (other than the electoral subjects provided for in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens) the time equal the total advertising time purchased by the electoral subjects referred to in subparagraph (a) of this paragraph that shall be equally and without discrimination divided among the electoral subjects referred to in subparagraph (b) of this paragraph, provided that the time allotted to one electoral subject does not take up more than 90 seconds in three hours (each electoral subject may divide the time allotted in several parts);

c) (Deleted – 22.6.2016, No 5438).

6.2. The broadcasters referred to in paragraph (61) of this article willing to air paid pre-election advertising shall provide the CEC and Georgian National Communications Commission, in 15-day time from the day of calling of elections but not later than the 55th day before Election Day, with information on the proposed paid pre-election advertising airing schedule and the advertising time price. The CEC will post the information on its official website within one day. An electoral subject indicated in Article 30(12) of the Organic Law of Georgia on Political Associations of Citizens shall provide the CEC and the relevant broadcaster, not later than the 40th day before Election Day, with information on the purchase of advertising time from each particular broadcaster according to the above schedule (the information shall contain dates, airtime intervals for the advertising to be aired during the day and the duration of the advertising time to be purchased). A broadcaster, from whom the electoral subject purchased advertising time, shall provide the CEC and Georgian National Communications Commission, not later than the 38th day before Election Day, with information on the free advertising airtime allotted under paragraph (61) of this article (such information shall indicate dates, airtime intervals for the advertising to be aired during the day and the duration of the advertising time), as well as information on the schedule for airing advertising within the advertising time allotted to each qualified electoral subject specified in paragraph (61)(b) and (c) of this article. The CEC shall post the above information on its official website within one day. An electoral subject eligible to receive free advertising time shall give the relevant broadcaster at least two days prior notice of the intention to use its due time and submit the advertising at the time agreed with the broadcaster.

6.3. The Public Broadcaster shall arrange for sign language translation for its programmes aired in connection with elections during the election campaign period.

7. For the purposes of this article, a qualified electoral subject for presidential elections shall be considered a candidate nominated by a political union funded from the State Budget of Georgia according to Article 30 of the Organic Law of Georgia on Political Unions of Citizens based on the results of the previous parliamentary or local self-government elections.

8. A broadcaster shall have the right to recognize as a qualified electoral subject the political party that, according to the public opinion poll conducted throughout the territory of Georgia according to the terms and conditions referred to in this article, has gained not less than 4% of votes in not less than 5 public opinion polls conducted during the election year or in the public opinion poll conducted a month before elections. Discriminatory use of sociological surveys by any broadcaster shall not be permitted.

9. A local broadcaster shall be obliged to recognize a political party/bloc as a qualified electoral subject if:

a) it is a qualified electoral subject defined by Article 2 (q1) of this Law;
b) its candidate(s) won the previous parliamentary elections held in the majoritarian electoral district falling within the local broadcaster’s coverage area, the candidate(s) moved to the second round of elections or received not less than 25% of votes;
c) it received not less than 25% of votes in elections for Sakrebulo.

10. A local broadcaster shall have the right to recognize the following as a qualified electoral subject:

a) a political party that obtained not less than 10% votes in the previous parliamentary or local self-government elections held in the respective majoritarian electoral district;
b) a political party that enjoys support of not less than 25% of voters according to the public opinion poll conducted in the respective majoritarian electoral district as defined by this Law, as identified by not less than two successive surveys conducted during the election year;
c) a majoritarian candidate nominated by an initiative group of voters that enjoys support of not less than 25% of voters according to the public opinion poll conducted in the respective majoritarian electoral district as defined in this Law, as identified by not less than two successive surveys conducted during the election year.

11. For the purposes of this Law, a public opinion poll shall meet the following requirements:

a) it shall be based on the acknowledged scientific methodology of representative random selection that provides 95% credibility of results with a margin of error not exceeding 3%;
b) it shall be published after double-checking the credibility of the methodology of the public opinion poll and objectivity of its results;
c) it shall be feasible to provide convincing scientific explanation if there are significant discrepancies or changes in the results of the same or other comparative public opinion polls;
d) it shall not constitute a tool for manipulating public opinion or fundraising and it shall not be conducted via telephone, mail, and/or internet;
e) it shall be based on transparent methodology that enables providing an independent double-check of the results;
f) while publishing the results, the following shall be specified:
f.a) an organisation having conducted a public opinion poll
f. b) a person having ordered or funded a public opinion poll
f. c) the exact formulation and sequence of questions put in a public opinion poll
f.d) the time of conducting field opinion poll
f.e) the number of individuals interviewed and the method of selection
f.f) in what area or among what category of people the selection was conducted
f.g) whether the survey is based on the opinions of all respondents
f.h) the number of respondents who refused to participate in the poll, who did not answer a question, or who could not be interviewed
f.i) the sample size
f.j) the margin of error
f.k) information about any other factors that might have caused a significant impact on the results.

12. The Public Broadcaster and Ajara TV and Radio of the Public Broadcaster (legal entities under public law) shall be obliged to allot airtime for preelection advertising for all other parties and electoral blocs, other than the qualified electoral subjects, and the airtime shall be equally distributed among these subjects.

13. If the parties united in an electoral bloc used free airtime before uniting in the bloc, the free advertising time used thereby (except for the free airtime period of the party being the first in the list of the bloc) shall be deducted from the free airtime period to be allotted for the bloc, as an electoral subject, following its creation.

13. In the case of uniting in an electoral bloc, parties eligible for free airtime, irrespective of their number, shall lose their eligibility for free airtime from the day following the day of the registration of the electoral bloc, and the electoral bloc concerned gains the same eligibility as an electoral subject.

14. The obligation to allot free airtime provided for by this article shall be solely applied to the local broadcaster in the course of by-elections. 15. The GNCC shall determine the procedure for participation and use of the media in the electoral process, shall supervise the observance of provisions under this Law by any broadcaster, and shall give respective response to violations of those provisions. The GNCC shall purchase the services necessary for media monitoring according to the legislation of Georgia.

16. It is prohibited to broadcast any paid and/or free pre-election advertising through TV or radio on polling day.

17. (Deleted – 12.6.2015, No 3695).

18. (Deleted – 12.6.2015, No 3695).

19. (Deleted – 12.6.2015, No 3695).

20. (Deleted – 12.6.2015, No 3695).

21. (Deleted – 12.6.2015, No 3695).