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 pre-election 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. During the election campaign in its respective coverage area, the Public Broadcaster shall allot, not later than the 50th day before the Election Day, in every three hours no less than 7.5 minutes to broadcast free of charge, the pre-election advertisements, and broadcast on the basis of equality and without discrimination, the pre-election advertisements submitted to it 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.
61. A broadcaster, other than the ones referred to in paragraphs 5 and 6 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 preelection 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).
62. 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 a 15-day period 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.
63. The Public Broadcaster shall arrange for sign language translation for its programmes aired in connection with elections during the election campaign period.
7. (Deleted – 21.7.2018, No 3266).
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 recognise a party as a qualified electoral subject:
a) which is a qualified electoral subject defined by Article 2(q1) of this Law;
b) which received not less than 25% of votes in elections of a municipality representative body Sakrebulo.
10. A local broadcaster shall have the right to recognise the following as a qualified electoral subject:
a) a party which received not less than 10% of votes in the last elections of the municipality bodies held in a 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 other factors that might have a significant effect on the results.
12. The Public Broadcaster and Ajara TV and Radio of the Public Broadcaster (legal entities under public law) shall allot airtime or placement of pre-election advertising of all other parties, except for a qualified electoral subject, which shall be equally distributed among these parties.
13. (Deleted – 21.7.2018, No 3266).
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).
Organic Law of Georgia No 6605 of 29 June 2012 – website, 16.7.2012
Organic Law of Georgia No 834 of 12 July 2013 – website, 25.7.2013
Organic Law of Georgia No 877 of 27 July 2013 – website, 20.8.2013
Organic Law of Georgia No 2093 of 7 March 2014 – website, 14.3.2014
Organic Law of Georgia No 3695 of 12 June 2015 – website, 15.6.2015
Judgement of the Constitutional Court of Georgia of 23 May 2016 No 2/3/591 – website, 3.6.2016
Organic Law of Georgia No 5438 of 22 June 2016 – website, 12.7.2016
Organic Law of Georgia No 3266 of 21 July 2018 – website, 13.8.2018
Organic Law of Georgia No 6854 of 15 July 2020 – website, 28.7.2020
Organic Law of Georgia No 6855 of 15 July 2020 – website, 28.7.2020
