Temporary procedures governing liability for political/pre-election advertising in violation of the requirements established by law until the date of the acquisition of full authority by the Parliament elected in the Parliamentary Elections of Georgia of 26 October 2024

1. Violation of the requirements established by this Law regarding canvassing, placement of political/pre-election advertisements, except for the cases specified in paragraphs 2, 3 and 4 of this article, shall result in imposing a penalty on the relevant electoral subject not exceeding the amount of the tariff determined for the time of placing the advertisement, and the violation of the requirement set forth in Article 185(19) or Article 186(18) of this Law shall result in the imposition of a penalty on the relevant electoral subject not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of free advertising, the amount of the penalty shall be calculated in the amount of not more than double the tariff set by the relevant broadcaster for the placement of the paid advertising.

2. Violation of the requirement set forth in Article 185(20) or (21) or Article 186(19) or (20) of this Law shall result in the imposition of a penalty on the relevant broadcaster not exceeding twice the amount of the tariff established for the time of placing the advertisement. If the penalty is due to the placement of free advertising, the amount of the penalty shall be calculated at the tariff of not more than double the tariff set by the relevant broadcaster for the placement of the paid advertising. Violation of the requirement set forth in Article 50(1)(b-d) or (1¹) of this Law or the non-fulfilment of other obligations set forth in Articles185 or 186 of this Law shall result in the imposition of a penalty in the amount of GEL 5,000 on the relevant broadcaster.

3. Execution of automated telephone calls and sending short text messages provided for by Article 185(18) or Article 186(17) of this Law shall result in the imposition of a penalty on the relevant electoral subject and the fixed or mobile communication network operator in the amount of not more than double the fee paid for the relevant service.

4. Violation of the requirement set forth in Article 50(2) of this Law shall result in the imposition of a penalty in the amount of GEL 1 500 for the print media.

5. (Deleted – 3.9.2020, No 7097).

6. Administrative offences protocols provided for by paragraphs 2 to 4 of this article shall be drawn up by the Georgian National Communications Commission, unless the drawing up of the relevant protocol causes the liability of an electoral subject.

7. The Chairperson of the CEC shall draw up the protocols on administrative offences provided for in paragraphs 1 and 3 (in the case of imposing a fine of an electoral subject) of this article on the basis of the substantiated appeal of the Georgian National Communications Commission and the materials provided.

8. (Deleted – 3.9.2020, No 7097).

9. The authorised body provided for by paragraph 6 of this article shall consider the issue of drawing up an offence protocol provided for by the same paragraph and shall make a decision during the public session within two days after the identification of the offence, in accordance with the procedures established by it. In addition, the absence of an offender at the session shall not hinder the making of a decision. After making a decision by the authorised body provided for by paragraph 2 of this article, the authorised person designated by him/her shall draw up an offence protocol within the period provided for in this paragraph in accordance with Article 240 (2²) of the Administrative Offenses Code of Georgia. The period for establishing the fact of offence/making a relevant decision by the court shall not exceed 2 days after the submission of the protocol to the court.

10. The authorised body referred to in paragraph 7 of this article shall make a decision on drawing up an offence protocol provided for in the same paragraph within two days after receiving the relevant substantiated appeal, and the time frame for the court to establish the fact of offence/make a relevant decision shall not exceed two days after the submission of the protocol to the court.

11. In the case of committing administrative offenses provided for in this article, legal proceedings shall be conducted in accordance with the Administrative Offenses Code of Georgia, unless otherwise provided for by law.

Organic Law of Georgia No 6723 of 2 July 2020 – website, 3.7.2020

Organic Law of Georgia No 7097 of 3 September 2020 – website, 4.9.2020