ON BROADCASTING

 

 

LAW OF GEORGIA

ON BROADCASTING

 

Chapter I – General Provisions

 

Article 1 – The purpose and scope of regulation of the Law

1. This law shall define the procedure for implementing the provision of media services and video sharing platform services in accordance with the principles of freedom of speech and expression and the principles of free enterprise, the procedure for setting up the national regulatory body in the fields of media services and video sharing platform services, and its functions, the conditions for regulation of activities in these fields, and the rule and procedures for providing media services and video sharing platform services.

2. The purpose of this Law shall be to establish public broadcasting free from the state intervention; to regulate activities in the fields of media services and video sharing platform services through the national regulatory body in accordance with the principles of transparency, fairness and impartiality; to ensure freedom of speech and expression, the stimulation of a competitive environment among providers of media services and video sharing platform services, the equality and independence of providers of media services and video sharing platform services, and the efficient use of frequencies.

3. This Law shall apply to a media service provider (except for over-the-air radio broadcasting) if one of the following conditions exists:

a) the media service provider has the head office in Georgia and the editorial decisions are made in Georgia;

b) a substantial part of the work force involved in the activities related to media service programmes performs activities in Georgia, irrespective of the location of the head office and the place of decision-making;

c) a substantial part of the work force involved in the activities related to media service programmes performs activities in Georgia as well as in a EU member state or in another state, although the media service provider has the head office in Georgia;

d) a substantial part of the work force involved in the activities related to media service programmes does not perform activities in Georgia and in a EU member state, however, the media service provider has commenced activities in the field of media services in Georgia in accordance with the legislation of Georgia and it maintains stable and efficient economic ties with Georgia.

4. This Law shall also apply to media service providers (except for over-the-air radio broadcasting) that:

a) use the satellite communication (link) station placed in Georgia;

b) do not use the satellite communication (link) station placed in Georgia, however, utilize the functional resources of the satellite owned by Georgia.

5. This Law shall not apply to a media service provider if the media services are designated for provision exclusively to third countries and their reception, in a direct or indirect form, by the Georgian audience through standard customer devices is not possible.

6. This Law shall apply to a radio broadcaster that uses a radio frequency spectrum of Georgia.

7. This Law shall apply to a video sharing platform service provider that:

a) is established in Georgia;

b) has a parent company established in Georgia;

c) has a subsidiary enterprise established in Georgia, except when its parent company has been established in one of the EU member states;

d) is a member of a group which includes an entity established in Georgia, except when its parent company or subsidiary enterprise has been established in one of the EU member states.

8. Where so provided for by paragraph 7(c) of this article, if a subsidiary enterprise of a video sharing platform service provider is established, apart from Georgia, in one of the EU member states, this Law shall apply to it if its subsidiary enterprise has commenced activities in Georgia earlier and this enterprise maintains stable and efficient economic ties with Georgia.

9. Where so provided for by paragraph 7(d) of this article, if any enterprise included in a group of a video sharing platform service provider is established, apart from Georgia, in one of the EU member states, this Law shall apply to it if its subsidiary enterprise has commenced activities in Georgia earlier and this enterprise maintains stable and efficient economic ties with Georgia.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 1592 of 20 November 2013 – website, 3.12.2013

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 2 – Definition of terms

The terms used in this Law have the following meanings:

a) local broadcasting – broadcasting carried out as determined by this Law that is accessible to at least 90% of the population within a service area defined in the licence/authorisation;

b) administrative body – a body provided for by Article 2(1)(a) of the General Administrative Code of Georgia.

c) opinion – a value judgment, point-of-view, comment, and the expression of views in any form that reflects an attitude to any person, event or object and does not contain any confirmable or rebuttable fact;

c¹) beneficial owner – a person who, on the basis of law or a transaction, receives or may receive monetary or other benefit from the activities of providers of media services and video sharing platform services, and who has no obligation to transfer this benefit to another person, whereas if a beneficial owner is an entity established for ideal purposes, or if a corporate owner does not have a person owning a substantial share, a beneficial owner shall be a member of its governing body;

c²) legal entity established for ideal purposes – a non-profit (non-commercial) legal entity, the property of which, including the profits, cannot be distributed among its members;

c³) offshore – a state or the territory of a state where information on property, activities and partners and/or shareholders of a legal entity is kept confidential;

c⁴) parent company – an entity that controls one or several subsidiary enterprises;

c⁵) subsidiary enterprise – an entity that is controlled by the parent company or any other enterprise included in this company that is eventually controlled by the parent company;

c⁶) group – a parent company, all its subsidiary enterprises and all other enterprises that have economic and legal ties with them;

d) publishing – providing access to information as determined by Article 56 of the General Administrative Code of Georgia;

e) person concerned – a natural person or a legal entity, whose legitimate interest, or legitimate interest of which is directly or indirectly influenced by the activities of a media service or a video sharing platform service provider;

f) independent programme – a programme in relation to which there is no interdependence between the copyright holder and a media service provider;

f¹) beginner enterprise (start-up) – an entrepreneurial entity registered in Georgia by a Georgian citizen/group of Georgian citizens, and six months have not been passed since its setup;

g) European product – a product produced in a European country, where the European Convention on Transfrontier Television is in force, or a product produced in Georgia, or a product the copyright holder of which is a natural person or a legal entity that is a resident of this country or of Georgia, or a product which is co-produced within the framework of agreements related to the audiovisual sector concluded between the European Union and third countries, and which fulfils the conditions defined in each of the agreements. European product is also a product which is basically produced in Georgia and/or together with the resident authors of one or more than one EU member states and other persons if they fulfil one of the following conditions:

g.a)  the product is produced by one or more than one producers established in one or more than one states specified in subparagraph g) of this article;

g.b) the supervision over production of the product is carried out and its actual control is performed by one or more than one producers established in one or more than one states specified in subparagraph g) of this article;

g.c) the contribution of co-producers of the states specified in subparagraph g) of this article to the total co-production costs significantly exceeds the contribution of co-producers of other states and the co-production is not subject to the control of one or more than one producers established outside the said states;

h) national broadcasting – broadcasting carried out as determined by this Law that is accessible to at least 90% of the population of Georgia;

i) satellite broadcasting – broadcasting by using ground and orbital stations of TV and radio broadcasting satellite systems;

j) official – a person who, permanently or temporarily, in return for payment or without it, on the basis of his/her election and appointment, and in accordance with particular assignments, performs regulatory, organisational, administrative or other similar functions in the Commission or public broadcasting;

k) private broadcasting – broadcasting carried out by a commercial or non-commercial entity under private law under the procedure established by this Law, which is neither public broadcasting, nor community broadcasting and nor university broadcasting;

l) qualified electoral subject – an electoral subject defined by the Organic Law of Georgia – the Election Code of Georgia;

[l) authorised party – a political party which receives funding from the State Budget of Georgia in accordance with the Organic Law of Georgia – Election Code of Georgia; (Shall become effective upon the acquisition of full powers by the Parliament of Georgia elected in the elections of 26 October 2024)]

m) commercial advertisement – information about a natural person and/or legal entity, goods, services, works, ideas and/or undertakings that is disseminated by any means and in any form in return for payment or for other economic profit, and that is intended for the general public and is used to form and maintain interest with respect to a natural person and/or legal entity, goods, services, works, ideas and/or undertakings, and which facilitates the sale of goods, an idea and/or undertaking;

n) Commission – the Georgian National Communications Commission;

o) scope of regulation of the Commission –areas of electronic communications and media services and video sharing platform services, where provision of services or performance of activities is subject to licensing and/or authorisation in accordance with the Law of Georgia on Electronic Communications and this Law, and where the Commission exercises special powers granted to it under the legislation of Georgia;

p) member of the Commission – a member of the Georgian National Communications Commission;

q) licence – the right granted to a person by the Commission in accordance with this Law and the Law of Georgia on Licences and Permits, on the basis of complying with the provisions defined in the same Law to carry out broadcasting by observing specific provisions;

r) modification of a licence – making changes and/or additions to licenсes in accordance with amendments and/or addenda to the legislation of Georgia or to the priorities in the field of broadcasting and/or on the basis of a reasonable request of the Commission or a broadcaster holding a licence;

r¹) media services – services provided/activities performed under the editorial responsibility of a media service provider – audiovisual media services and radio broadcasting;

r²) audiovisual media services – services provided under the editorial responsibility of a media service provider, the main purpose of which or of an integral part of which is the provision of programmes to the wide public through electronic communication networks for its informing, entertaining or educating purposes. Such audiovisual media services shall be TV broadcasting provided for by this Law, or on-call audiovisual media services, and audiovisual advertising communication;

r³) audiovisual media service provider – a TV broadcaster and/or an on-call audiovisual media service provider, which is vested with the editorial responsibility for choosing the content of audiovisual media services and which defines the method of its organisation;

r⁴) video sharing platform services – services the main purpose or the substantial functionality of which or of an integral part of which is the provision of programmes and/or user-generated video clips to the wide public through electronic communication networks for its informing, entertaining or educating purposes, without the editorial responsibility of the video sharing platform service provider. The organisation of programmes and/or user-generated video clips, in particular, running, marking and sequencing, shall be defined the video sharing platform service provider, including through automatic tools or algorithms;

r⁵) user-generated video clips – a collection of moving pictures, with or without voice, representing individual material, irrespective of its duration, which was created by a user and was uploaded to the video sharing platform by the same or another user;

r⁶) video sharing platform service provider – a natural person or a legal person, who ensures the provision of video sharing platform services;

s) broadcaster – the Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, a person holding a licence or an authorised person, who carries out TV and/or radio broadcasting on the basis of this law;

s¹) radio broadcaster – the Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, a licence holder/an authorised person, who transmits, under the sole editorial responsibility, audio products through the personal broadcasting grid, so that at specified times allowed by the broadcasting grid, they are simultaneously available to listeners;

s²) TV broadcaster – the Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, an authorised person who transmits, under sole editorial responsibility, audio and visual products provided for by the personal broadcasting grid, so that at specified times allowed by the broadcasting grid, they are simultaneously available to viewers;

s³) on-call audiovisual media service provider – an audiovisual media service provider, who has compiled a catalogue of programmes with the use of which a user watches the programmes at his/her chosen time on his/her individual demand;

s⁴) editorial responsibility – performance of effective control by a broadcaster over selection of programmes and their organisation through a chronological timetable of programmes, or by an on-call audiovisual media service provider through a programme catalogue, which does not necessarily mean the imposition of legal liability on a media service provider for the services it has delivered;

t) (deleted);

u) (deleted);

v) trustee – a member of the Board of Trustees of the Public Broadcaster;

v¹) (Deleted – 3.7.2023, No 3461);

w) main event – an event of increased public interest, defined by the Commission on the basis of a public opinion poll, taking place in Georgia and worldwide in political, social, cultural, religious and other areas;

x) family member – a person under Article 3(f) of the Law of Georgia on National Regulatory Bodies;

y) person – a natural or legal person in accordance with the Civil Code of Georgia;

z) commencement of practical activities – commencement of provision of media services and/or video sharing platform services;

z1) programme – a collection of moving pictures, with or without voice, representing an individual component of a chronological timetable organised by a TV broadcaster or of a catalogue of an on-call audiovisual media service provider, irrespective of its duration, and a radio product broadcasted by a radio broadcaster with voice, live or recorded. The programmes include fiction, animated and documentary films, sports events, children’s programmes, news, social and political programmes, video clips, TV series, etc.;

z1¹) editorial decision – a decision made regularly for exercising editorial responsibility and is related to the daily activities of media services;

z2) regulation – adopting (issuing) legal acts by the Commission within the powers determined by this Law, and carrying out monitoring, supervision, control and coordination;

z2¹) audiovisual advertising communication – an image, with or without voice, intended for an unlimited set of people and which serves for awaking and maintaining interest in natural persons or legal persons, goods, services, jobs, ideas and initiatives, and for facilitating the sale of goods, services, or jobs and implementing the ideas and initiatives. Such images are included and/or integrated in a programme/a user-generated video clip in return for a fee or another economic benefit. Audiovisual advertising communication shall be an audiovisual media service and shall include a commercial advertisement, teleshopping, sponsorship and placement of a product (goods/services) in a programme (Product Placement). Audiovisual advertising communication shall also include a commercial advertisement, teleshopping, sponsorship and placement of a product (goods/services) in a programme (Product Placement) placed on the air of radio broadcasting;

z3) advertisement – a commercial, social or pre-election advertisement, except for an announcement made by a media service provider regarding its own or an independent programme, representing information disseminated by any means and in any form about a natural person or a legal person, goods, services, work, idea and undertaking, which is intended for an unlimited set of people and serves for awaking and maintaining interest in natural persons or legal persons, goods, services, jobs, ideas and initiatives, and for facilitating the sale of goods, services, or jobs, and implementing the ideas and initiatives;

z4) election campaign – a procedure for conducting an election campaign defined by the Organic Law of Georgia – the Election Code of Georgia;

z5) over-the-air broadcasting – broadcasting using frequencies by a licensed and/or authorised broadcaster in Georgia;

z6) general broadcasting – broadcasting of programmes involving at least two topics, including news and social and political topics;

z7) public broadcasting – broadcasting carried out by a legal entity under public law established on the basis of state property in accordance with the legislation of Georgia for publicly financed TV and radio broadcasting, independent from the state authority and accountable to the public, which is not subject to any state agency ('the Public Broadcaster') and which is intended to provide the public with diverse programmes that are free from political and commercial influence and reflect the interests of the public;

z7¹) community broadcasting – broadcasting carried out by a non-commercial legal entity under private law or a legal entity under public law that ensures involvement of a part of the public in broadcasting that it serves, and which is not oriented to generating a profit;

z7²) (Deleted – 12.6.2015, No 3691);

z7³) broadcasting network – a document prepared by a broadcaster that includes titles and brief description of programmes, and broadcasting time;

z7⁴) broadcasting concept – a document prepared by a licence/authorisation applicant that reflects a broadcasting model and contains brief description of programme areas;

z7⁵) prime time – the time from 19:00 to 24:00, when a broadcaster’s programmes may be viewed or heard by a peak number of the audience within the broadcaster’s service area;

z7⁶) public institution – an institution under Article 27 of the General Administrative Code of Georgia;

z7⁷) social advertisement – an advertisement intended to promote public good, achieve a charitable purpose, raise public awareness regarding important social issues and/or facilitate positive change in public behaviour, which is neither commercial nor pre-election advertisement, and which does not contain an advertisement of the service provided by a state or a municipal body, or by a legal entity under private or public law;

z7⁸) specialised broadcasting – broadcasting of programmes typically of one topic (except for news and social and political topics);

z7⁹) sponsorship – direct or indirect financing or co-financing of video sharing platform services, user-generated video clips, preparation or broadcasting of a programme by a person, who is not involved in the provision of media services or video sharing platform services, or in the creation of appropriate production, for advertising his/her/its name, trademark, image, or development of activities;

z7¹⁰) teleshopping – direct offer of any rights, obligations, goods, services or work in return for payment. Teleshopping may be placed as a broadcasting programme (Teleshopping Window) for at least 15 minutes, or may be integrated into a commercial break as a broadcast advertising (Teleshopping Spot);

z7¹¹) interdependence – relationship when one person directly or indirectly owns stocks or a share in the subscribed capital of another person, or is an official of this person, or performs services for him/her/it or for his/her/its shareholder, partner or official in return for payment, and also when one media service provider provides media services through another media service provider;

z7¹² ) obscenity – an action which is in conflict with ethical norms established in society and which has no social and political, cultural, educational or scientific value;

z7¹³) code of conduct – a normative act adopted by the Commission based on this Law that defines the rules of providing services by the media service and video sharing platform service providers;

z7¹⁴) pre-election advertisement – an advertisement intended to promote the election of the President of Georgia, the Parliament of Georgia, of a representative body of a municipality – the Sakrebulo (local assembly), an executive body of a municipality and of the highest official of a municipality – the Mayor;

z7¹⁵) subtitling – placing a written translation of a film product in a language different from the original language in the lower part of the frame;

z7¹⁶) authorisation – registration by the Commission of the activities in the field of media services (except for over-the-air radio broadcasting) in accordance with the procedure established by this Law, and submission of a notification of authorisation to the Commission by a person intending to perform activities in the field of video sharing platform services, under the procedure established by the legislation of Georgia;

z7¹⁷) placement of a product (goods/services) (Product Placement) – dissemination of information about a product in any form in return for a fee or another economic benefit resulting in the integration of the product into a programme or a user-generated video clip, or in the indication to the product and/or to the service and trademark;

z7¹⁸) broadcasting hour – a broadcast schedule used for the placement of advertisement spots, 60 minutes following each second;

z7¹⁹) media literacy – a combination of special knowledge and skills about diverse media and technologies, efficient and safe use of internet, about creation, reception, processing and transfer of information using internet, about interactive participation in the reception and transfer of information, and about its perception, understanding and critical assessment, and about the content of media products (audio and visual TV and radio products, electronic and social media products, including films, musical videos, images, webpages and other products) and about creation of diverse media platforms and technologies, their character, usage and regulation;

z7²⁰) University broadcasting – under the procedure established by this Law, broadcasting carried out by a commercial legal entity or non-commercial legal entity under private law, or by a legal entity under public law – a higher educational institution, which ensures the enhancement of processes conducted at a university, of studying, teaching, scientific researches and higher education, the communication of information to the society about the activities (in the area of higher education) carried out at the university, and which is not meant to gain profit;

z7²¹) authorised person – any entrepreneurial entity or a non-entrepreneurial (non-commercial) legal entity registered by the Commission under this Law, who provides media services (except for over-the-air radio broadcasting) and video sharing platform services;

z7²²) on-call audiovisual media services – a service offered by an on-call audiovisual media service provider to a user, which allows the user to select and watch the programmes through a catalogue of programmes compiled by the on-call audiovisual media service provider at his/her chosen time on his/her individual demand;

z7²³) hidden audiovisual advertising communication – placement of word pictures or graphic pictures of names, trademarks or activities of products, services or product manufacturers or service providers by a media service provider, video sharing platform service provider and by a user uploading the material to the video sharing platform for advertising purposes in such a way that the intention of placing these pictures in the programmes may mislead the audience. Such audiovisual advertising communication shall be considered as intentionally placed in the programmes if it has been carried out in return for a fee or another economic benefit;

z7²⁴) call for terrorism – the act provided for by Article 330¹ of the Criminal Code of Georgia.

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 1555 of 31 July 2009 – LHG I, No 24, 13.8.2009, Art. 135

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Decision No 1/1/468 of the Constitutional Court of Georgia of 11 April 2012 – website, 25.4.2012

Law of Georgia No 6159 of 8 May 2012 – website, 25.5.2012

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 1592 of 20 November 2013 – website, 3.12.2013

Law of Georgia No 2759 of 31 October 2014 – website, 18.11.2014

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 1262 of 26 July 2017 – website, 29.7.2017

Law of Georgia No 1928 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

Law of Georgia No 4547 of 3 May 2019 – website, 10.5.2019

Law of Georgia No 6727 of 2 July 2020 – website, 3.7.2020

Law of Georgia No 881 of 2 August 2021 – website, 4.8.2021

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 3 – Legislation applicable in the fields of media services and video sharing platform services

1. The legislation of Georgia applicable in the fields of media services and video sharing platform services include the Constitution of Georgia, international agreements of Georgia, the Organic Law of Georgia – the Election Code of Georgia, this Law, the Law of Georgia on National Regulatory Bodies and the Law of Georgia on Copyright and Related Rights, and other legislative and subordinate normative acts.

2. The legislation of Georgia applicable in the fields of media services and video sharing platform services must be interpreted in accordance with the European Convention on Human rights and Fundamental Freedoms, the practice of the European Court of Human Rights and other international legal norms having legal effect in Georgia.

3. Citizens and legal persons of foreign countries, and persons without citizenship of Georgia shall enjoy the rights and obligations determined by this Law for citizens and business entities of Georgia, unless otherwise provided for by the legislation of Georgia.

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 1592 of 20 November 2013 – website, 3.12.2013

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 4 – Radio broadcasting frequency plan and priorities in the field of radio broadcasting

In accordance with International Radio Regulations, the Commission shall, once in every two years, define and publish a radio broadcasting frequency plan for licence applicants, and priorities in the field of radio broadcasting based on a public opinion poll.

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Chapter II – Regulation of Activities in the Fields of Media Services and Video Sharing Platform Services

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 5 – Commission

1. Activities in the fields of media services and video sharing platform services shall be regulated by the Commission.

2. The Commission is a legal entity under public law, a permanent national regulatory body that is not subject to any state agency. The Commission is not a legal entity under public law (institution) or a corporation under public law established on the basis of state property. The legal status of the Commission is defined by the Law of Georgia on Electronic Communications and this Law.

3. The functions of the Commission in the fields of media services and video sharing platform services shall be to:

a) prepare proposals regarding the main directions of the state policy in the fields of media services and video sharing platform services, taking into consideration the results of public opinion polls and of the media service and video sharing platform service market studies;

b) supervise and control the implementation of proposals under sub-paragraph a) of this paragraph;

c) define licence provisions, issue and modify licences, suspend and resume licences, revoke licences, supervise and control the performance of licence provisions, and impose appropriate sanctions on license holders in case of violation of licence provisions;

d) determine and allocate the frequency spectrum owned by the state as defined by law;

e) allot frequencies;

f) supervise and control the performance of provisions of the legislation of Georgia in the fields of media services and video sharing platform services, and  impose appropriate sanctions in case of violations of these provisions;

g) facilitate, within its powers, the creation and development of a competitive environment, supervise and control the performance of requirements of the Product Safety and Free Movement Code;

h) define amounts and procedures for paying licence fees and regulation costs;

i) supervise and control the performance of legislative acts on copyright and related rights, on the protection of minors from harmful influence, and on advertising;

j) control the observation of the rating rules for the programmes disseminated through the media service means in order to take measures for preventing children from harmful information on the basis of the Code on the Rights of the Child.

k) resolve, within its powers, disputes between media service and/or video sharing platform service providers, and between them and their users;

l) adopt legal acts, including a code of conduct;

m) grant authorisation, modify authorisation provisions, suspend, resume and revoke authorisations, supervise and control the performance of requirements of the legislation of Georgia in the field of media services and video sharing platform services and of authorisation provisions;

n) define the forms of property declarations to be submitted by natural and legal persons on the basis of relevant legal acts;

o) facilitate improvement of the media literacy within the society;

p) exercise other powers provided for by law.

4. The Commission shall perform the functions imposed thereon impartially and transparently to ensure media pluralism, cultural and linguistic diversity, equality, protection of consumer rights, protection of the rights of persons with disabilities, and development of free competition.

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 6159 of 8 May 2012 – website, 25.5.2012

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 1592 of 20 November 2013 – website, 3.12.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 1928 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 5021 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5921 of 21 May 2020 – website, 25.5.2020

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 6 – Independence and immunity

1. The Commission, members of the Commission and employees of the staff of the Commission are independent in exercising their powers and abide only by the law. Unlawful influence on and intervention in their activities are inadmissible, and a decision made as a result of such influence and intervention is deemed void.

2. A person concerned may apply to court for avoiding and preventing unlawful influence or intervention, and for nullifying decisions made as a result of such intervention and influence.

3. Only the Commission may select, appoint and dismiss employees of the staff of the Commission, as determined by the legislation of Georgia.

4. Any action of an employee of the staff of the Commission may be appealed to the Commission within 30 days, or to the court within the period determined by legislation. A decision of the Commission may be appealed only to a court within the period determined by legislation.

5. A member of the Commission may be detained or imprisoned, or searched only with the consent of the Parliament of Georgia. The exception is the cases when a member of the Commission is caught in the act, of which the Parliament shall be immediately notified. If the Parliament refuses to give its consent, a detained or imprisoned member of the Commission shall be released immediately. The Parliament shall make a decision as determined by the Rules of Procedure of the Parliament.

 

Article 7 – Sessions of the Commission; Confidentiality of information

1. Sessions of the Commission are open to the public. All resolutions, decisions, orders, records and other documents of the Commission shall be available for public discussion, except for the cases defined by the General Administrative Code of Georgia.

2. The Commission shall ensure the transparency and the participation of all persons concerned in the decision-making process of the Commission in accordance with the General Administrative Code of Georgia.

3. For the purpose of protecting information assigned to a state or commercial/professional secret or to personal data, the Commission may hold a closed session. Resolutions and decisions made at closed sessions shall be published after the removal of any information assigned to a secret, in accordance with the General Administrative Code of Georgia.

4. Sessions of the Commission shall be held at least twice a month. An extraordinary session may be convened by the chairperson of the Commission or by at least 2 members of the Commission.

5. The Commission shall publish information about an upcoming session, its place, time and agenda three days prior to the session and about closing of a session if a relevant decision has been made.

6. In the case of urgent necessity, the Commission may hold a session without observing the procedures under paragraph 5 of this article. In this case, the Commission shall immediately publish information about the time, place and agenda of a session, and about closing of a session if a relevant decision has been made.

7. The Commission may make a decision if the majority of members of the Commission on the current nominal list is present at the session. The Commission shall make a decision by the majority of votes of the members.

8. Each member of the Commission shall have one vote when a decision is made. In the case of equal votes, the vote of the chairperson shall be decisive.

9. To ensure publicity, the Commission shall create its own website and regularly update information published thereon. Decisions of the Commission, including decisions on the approval of the budget of the Commission and reports on budget performance, shall be published on the website within three working days after making the relevant decision, whereas declarations of compliance provided for by this Law shall be published within three working days after they have been submitted to the Commission.

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 8 – Legal acts of the Commission

1. The Commission shall, within its powers, adopt (issue) legal acts as determined by legislation. Legal acts of the Commission include resolutions and decisions of the Commission and orders of the chairperson of the Commission.

2. A resolution of the Commission is a normative legal act that is adopted on the basis of this Law, the Law of Georgia on National Regulatory Bodies and the Law of Georgia on Electronic Communications, and other legislative acts as determined by the Law of Georgia on Normative Acts.

3. A decision of the Commission is an individual legal act that is adopted within the powers granted to the Commission by legislation.

4. The Commission makes decisions on issues of non-normative nature to exercise the powers granted by legislation, and on intra-organisational issues of the Commission and its staff that contain a general rule of behaviour for a defined group of people.

5. The chairperson of the Commission issues orders on intra-organisational issues of the Commission and its staff in specific cases. Such orders do not contain a general rule of behaviour.

6. All legal acts of the Commission shall be adopted (issued) at sessions of the Commission.

7. Legal acts of the Commission may be appealed to a court under the procedure established by the legislation of Georgia. Acceptance of the appeal by the court shall not result in a suspension of the legal act of the Commission, except as provided for by paragraph 8 of this article, or where the court rules otherwise.

8. A fine exceeding 1% of the broadcaster’s annual income and, at the same time, GEL 5 000, or a decision relating to the issue of suspension/revocation of authorisation of a broadcaster, may not be immediately enforced. During the course of contentious proceedings with regard to such disputes, the validity of a sanction shall be suspended.

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 1592 of 20 November 2013 – website, 3.12.2013

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 9 – Composition of the Commission

1. The Commission is composed of 5 members.

2. The term of office of a member of the Commission is six years.

3. A person may not be appointed as a member of the Commission for more than two terms.

4. A candidate for the membership of the Commission shall be elected through an open competition.

5. The Government of Georgia shall adopt a decree about holding a competition 100 days before the expiry of the term of office of a member of the Commission or within 10 days after the termination of his/her powers.

6. A candidate for membership on the Commission shall be a person having public recognition and confidence, and who has a master’s degree or equivalent degree thereof in economics, finance, public administration, business administration, law, electronic communications or journalism and at least 10 years of work experience, including not less than three years of experience in working in a managerial position.

7. Anyone may nominate a candidate for the membership of the Commission within 30 days after the competition is announced.

8. If at least three candidates are not nominated for one vacancy within the period defined by law, a new competition shall be announced and held as determined by this article.

9. Within 10 days after the expiration of the deadline for the nomination of candidates, a list of candidates and documents submitted by them for the competition shall be published on the official website of the Government of Georgia.

10. Within 10 days after publication of the list of candidates, the Government of Georgia shall, taking into account the qualification requirements determined by this Law, submit to the President of Georgia on the list of candidates to be submitted to the Parliament of Georgia for election. At least three candidates shall be selected for a vacancy.

11. The President of Georgia shall forward the list of candidates, submitted by the Government of Georgia to the President of Georgia, to the Prime Minister of Georgia within three days for countersignature. After the countersignature, the President of Georgia shall submit the candidates to the Parliament of Georgia for selection.

12. (Deleted – 6.12.2018, No 3878).

13. A candidate nominated for a vacant position of a member of the Commission shall be elected by the Parliament of Georgia under the procedure established by the Regulations of the Parliament of Georgia.

14. If none of the candidates receive votes of more than half of the total number of members of the Parliament Georgia, the process of electing a candidate for the position of a member of the Commission, provided for by this article, shall start anew and the President of Georgia shall, within 50 days, nominate to the Parliament of Georgia new candidates elected as determined by this article.

15. The Commission shall elect the chairperson of the Commission by secret ballot from amongst its members by the majority of the total members of the Commission for the term of three years, for not more than the remaining term of the office of the member of the Commission and not later than 15 calendar days before the term of office of the incumbent chairperson expires, whereas in the case of premature termination of official powers of the incumbent chairperson, within 15 calendar days after termination of his/her powers.

16. The term of office of a newly elected chairperson of the Commission starts on the next day after the expiry of the term of office of the previous chairperson, however if the chairperson of the Commission has been elected due to premature termination of powers of the previous chairperson, from the moment of the election of a new chairperson. The term of office of a chairperson expires on the third anniversary of his/her election, a day before the date when this term started.

17. The chairperson may resign, but may remain as a member of the Commission until his/her term of office expires.

18. The chairperson of the Commission presides over sessions of the Commission, is responsible for the observance of procedures when making resolutions and decisions, and for publication of resolutions and decisions made, and for management of the staff of the Commission.

19. If the chairperson of the Commission resigns or is absent, or if he/she is not able to perform his/her duties, the oldest member of Commission shall act as the chairperson of the Commission.

20. The Commission may dismiss the chairperson of the Commission before the expiry of his/her term of office by the four fifths of the votes of the members of the Commission. Not less than 2 members of the Commission may, by a joint written request, raise the issue of premature dismissal of the chairperson of the Commission. The Commission shall consider the issue of premature dismissal of the chairperson of the Commission and put it to vote within 10 calendar days after submission of the request of the members of the Commission. If the Commission does not dismiss the chairperson of the Commission, the issue of premature dismissal of the chairperson of the Commission may not be raised over a period of next three months.

Law of Georgia No 791 of 19 December 2008 – LHG I, No 40, 29.12.2008, Art. 258

Law of Georgia No 1362 of 27 September 2013 – website, 9.10.2013

Law of Georgia No 3457 of 20 September 2018 – website, 9.10.2018

Law of Georgia No 3878 of 12 December 2018 – website, 14.12.2018

Law of Georgia No5203 of 18 October 2019 – website, 21.10.2019

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 10 – Dismissal of a member of the Commission

1. If a legally effective court judgement of conviction against a member of the Commission imposing a restriction of liberty, a fixed-term imprisonment, or life imprisonment as a punishment, or if a court declares that member of the Commission missing or as a beneficiary of support , and the court has not decided otherwise, or if the said member of the Commission resigns or dies, the Parliament of Georgia shall, within 1 month from the occurrence of the said circumstance, under the procedure provided for paragraphs 2-6) of this article, make the decision on dismissing the member of the Commission.

2. If a court judgement of conviction against a member of the Commission has entered into legal force, the Procedural Issues and Rules Committee of the Parliament of Georgia shall, within 15 days after the entry of the judgement into legal force, request the judgement and shall immediately prepare an appropriate opinion.

3. If a court has declared a member of the Commission missing or as a beneficiary of support, the Procedural Issues and Rules Committee of the Parliament of Georgia shall, within 10 days after the identification of that fact, request the documents certifying the above, shall verify the authenticity thereof, and shall prepare an appropriate opinion.

4. A member of the Commission shall submit an application for resignation to the Chairperson of the Parliament of Georgia, who immediately forwards it to the Procedural Issues and Rules Committee of the Parliament. The Committee shall verify the authenticity of the application, a circumstance that served as a ground thereof, and shall, within not earlier than 8 days and not later than 15 days, prepare an appropriate opinion. A member of the Commission shall have the right to request his/her application for resignation within 7 days after its submission to the Chairperson of the Parliament of Georgia and to continue exercising his/her powers.

5. If a member of the Commission dies, the Procedural Issues and Rules Committee of the Parliament of Georgia shall request the death certificate of the member of the Commission, and prepare an appropriate opinion. When the member of the Commission dies, his/her powers shall be prematurely terminated from the day following his/her death.

6. The issue of a premature termination of powers of a member of the Commission on the ground provided for by paragraph 1 of this article shall be examined and reviewed by the Procedural Issues and Rules Committee of the Parliament of Georgia, which will prepare an appropriate opinion and submit it to the Bureau of the Parliament. The Bureau of the Parliament of Georgia shall put the issue of the premature termination of the powers of the member of the Commission for review on the agenda of the nearest plenary sitting of the Parliament. The Parliament of Georgia shall immediately review the issue of the premature termination of the powers of the member of the Commission. It shall be inadmissible to vote for other issues on the agenda of the plenary sitting of the Parliament of Georgia before the decision on the issue of the premature termination of the powers of the member of the Commission is made. A member of the Commission shall be deemed dismissed on the ground provided for by paragraph 1 of this article if the relevant decision is supported by a majority of the Members of the Parliament attending the plenary sitting of the Parliament of Georgia.

7. At least one third of the total number of the Members of the Parliament of Georgia may initiate the procedure for dismissing a member of the Commission if:

a) the provisions related to the conflict of interests determined by this Law have been violated by the member of the Commission;

b) the member of the Commission fails to exercise his/her powers for more than 15 consecutive days or for more than 2 months during the year due to an unreasonable excuse.

8. The Members of the Parliament of Georgia, who have initiated the procedure for dismissing a member of the Commission on the ground provided for by paragraph 7 of this article, shall prove the said ground by documentary evidence. Within 30 days after collecting the signatures of the Members of the Parliament of Georgia, the Parliament shall, by a majority of the total number of its members, put the issue of the dismissing the member of the Commission on the agenda of the plenary sitting. The Parliament shall put the issue of dismissing the member of the Commission to a vote within 30 days after the issue is put on the agenda of a plenary sitting. To dismiss a member of the Commission on the ground provided for by paragraph 7 of this article, the consent of more than three fifths of the total number of Members of the Parliament of Georgia shall be required. If the number of votes received during voting is less than it is sufficient, or if the Parliament of Georgia fails to hold vote within the period set by this paragraph, the procedure for dismissing the member of the Commission shall be terminated.

9. The issue of dismissing a member of the Commission may not be raised twice on the basis of one fact.

10. A decision of the Parliament of Georgia on dismissing a member of the Commission may be appealed to a court.

11. The Commission shall immediately publish the decision of the Parliament of Georgia on dismissing a member of the Commission on its webpage indicating the specific ground for his/her dismissal.

Law of Georgia No 1362 of 27 September 2013 – website, 9.10.2013

Law of Georgia No 3373 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 952 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 3878 of 12 December 2018 – website, 14.12.2018

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 11 – Conflict of interest of members and employees of the staff of the Commission

1. A conflict of interest may arise if a member of the Commission concurrently:

a) is an official of another administrative body;

b) is a member of any political party;

c) carries out any work in return for payment for a person whose activities fall within the scope of regulation of the Commission;

d) holds stocks or a share in the enterprise the activities of which fall within the scope of regulation of the Commission;

e) is an official, representative, authorised person or advisor of a person whose activities fall within the scope of regulation of the Commission;

f) has any other direct or indirect economic interest towards a person whose activities fall within the scope of regulation of the Commission.

2. A person with a conflict of interest defined in paragraph 1 of this article may not be a member of the Commission.

3. A person whose family member has a conflict of interest defined in paragraph 1(c-f) of this article may not be a member of the Commission.

4. A person with a conflict of interest provided for by this article may not be an employee of the staff of the Commission (except for a person employed on the basis of a labour agreement).

5. A person whose family member has a conflict of interest defined in paragraph 1(c-f) of this article may not be head of a structural unit of the staff of the Commission.

6. A member of the Commission and an official defined by paragraph 5 of this article shall declare in writing if he/she or his/her family member has had conflicts of interests under paragraph 1 of this article within past five years.

Law of Georgia No 4360 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 139 of 21 December 2016 – website, 28.12.2016

Law of Georgia No 881 of 2 August 2021 – website, 4.8.2021

 

Article 12 – Budget of the Commission ; Licence fees ; Radio frequency spectrum usage fee ; Annual regulation fee

1. The Commission shall, by 1 December of each year, prepare its budget for the following year, which shall reflect all expenditures and revenues of the Commission. The Commission shall publish its budget.

2. The budget of the Commission is funded by a regulation fee and other funding sources provided for by this Law, the Law of Georgia on Electronic Communications and the Law of Georgia on Legal Entities under Public Law.

3. A licence fee is a sum paid by an applicant for a broadcasting licence for the temporary use of the radio frequency spectrum, the amount and the procedure of payment of which are defined by the Commission in accordance with the legislation of Georgia, under the Regulations for Holding an Auction for Obtaining the Right of Using the Radio Frequency Spectrum and/or Numbering Resource. Licence fees are fully transferred to the State Budget of Georgia.

3¹. A Radio frequency spectrum usage fee shall be the sum paid by a broadcaster for using the radio frequency spectrum as ancillary technology, the amount of which shall be defined and its payment procedure shall be determined by the Commission in accordance with the legislation of Georgia, under the Regulations for Holding an Auction to Obtain the Right of Using the Radio Frequency Spectrum and/or Numbering Resource. A Radio frequency spectrum usage fee shall be transferred to the budget of the Commission.

4. A regulation fee is one of the main sources of funding the budget of the Commission. It is related to the exercise of powers granted under the legislation of Georgia by the Commission and is not considered to be income generated through economic activities. Regulation fees are used to cover expenses defined in the budget of the Commission.

5. A regulation fee shall be paid by the media service and video sharing platform service providers. The amount of a regulation fee shall be 0.5% of the total cost (excluding VAT) of delivery of goods (services) and/or of works performed by the media service and video sharing platform service providers, which are subject to regulation. The regulation fee shall be calculated based on the total amount accrued from revenues of the media service and video sharing platform service providers during a calendar year, taking into account the revenues that have been actually received on a monthly basis since the beginning of the year. The media service and video sharing platform service providers shall monthly transfer regulation fees to the account of the Commission not later than the 20^th day of the month following the reporting month and submit information to the Commission in the form established by the Commission.

6. The Commission shall adopt a normative act about an annual regulation fee.

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 4866 of 5 June 2007 – LHG I, No 21, 18.6.2007, Art. 181

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 1928 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 13 – Report of the Commission

1. The Commission shall prepare annual reports of its activities and conduct a financial audit of its expenses and accounting reports in accordance with current procedures. The Parliament of Georgia may decide to conduct an audit of the performance of the budget approved by Commission, which is performed by an internationally recognised auditor selected under the procedure established by the Regulations of the Parliament of Georgia. The Commission shall reimburse the selected auditor for expenses associated with the study of financial activities provided for by this article.

2. The part of the report of the Commission that relates to the fields of media services and video sharing platform services must include information about:

a) the progress of implementation of priorities in the field of broadcasting;

b) the current situation on the media services and video sharing platform services market and further opportunities;

c) a frequency plan and available frequencies;

d) the number of licences issued;

e) the number and content of complaints already considered;

f) the number and content of applied sanctions;

g) the results of public opinion polls and the media services and video sharing platform services market studies;

h) the budget of the Commission for the following year;

i) the performance of the budget of the Commission;

j) the audit report;

k) authorised providers of media services and video sharing platform services;

l) the activities conducted for the facilitation of media literacy;

m) the activity plan for the next year and the performance report on the previous year activity plan of the Commission.

3. The Commission shall, not later than 1 June of each year, submit to the Parliament of Georgia, the President of Georgia and the Government of Georgia and publish the progress reports and the results of the financial audit for the previous year.

Law of Georgia No 1516 of 2 June 2005 – LHG I, No 26, 6.6.2005, Art. 176

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 1362 of 27 September 2013 – website, 9.10.2013

Law of Georgia No 1928 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 3878 of 12 December 2018 – website, 14.12.2018

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 14 – Complaints

1. A broadcaster shall, on the basis of the code of conduct, set up an effective broadcaster’s self-regulation mechanism for that ensures the review of complaints and timely and substantiated responses to them.

2. The broadcaster’s self-regulation mechanism shall consist of the broadcaster’s self-regulation body and the self-regulation appeals body.

3. A decision of the broadcaster’s self-regulation body shall be appealed under the procedure established by the code of conduct to the self-regulation appeals body, which is set up by the broadcaster or the broadcasters’ association and operates in accordance with the code of conduct. Members of the broadcaster’s self-regulation appeals body may not be public officers or members of a political party. They must not have participated in making the appealed decision. The broadcaster’s self-regulation appeals body must be staffed with independent, impartial and competent persons.

4. A person concerned shall have the right to appeal a decision made by the broadcaster’s self-regulation appeals body with regard to violation of the requirements of Article 55² of this Law to the Commission, under the procedure established by the legislation of Georgia.

5. If a broadcaster violates the requirements of the legislation of Georgia (except for the provisions provided for by Articles 52, 54, 56 and 59 of this Law), and the licence provisions and authorisation provisions, a person concerned shall have the right to apply to the Commission.

6. A response to violation of provisions provided for by Articles 52, 54, 56 and 59 of this Law may be possible only within the broadcaster’s self-regulation mechanism defined by paragraph 1 of this article.

7. The Commission shall, within 7 days after receiving a complaint, make a reasonable decision to accept the complaint for review or to reject the complaint and shall immediately inform the complainant thereof.

8. The Commission shall consider applications and complaints of consumers at an oral hearing under official administrative proceedings, except for the exclusions established by the General Administrative Code of Georgia and the cases when disputes may be settled without organised procedures. The Commission shall consider applications and complaints of consumers related to the interests of the general public only under public administrative procedures.

9. If the fact of violation is confirmed, the Commission may make a decision on declaration. A broadcaster shall, within 5 days, broadcast on its own air, at the prime time, the declaration about its violation of the provisions of the legislation of Georgia, and of the licence/authorisation provisions.

10. Depending on the gravity of violation, the Commission may consider the issue of imposition of an appropriate sanction on the broadcaster.

11. This article shall also apply to an on-call audiovisual media service provider.

12. If a person concerned applies to a court regarding the issue provided for by paragraph 4 or 5 of this article, the claim shall be inadmissible if the claimant fails to use an opportunity under the established procedure to apply to the Commission with regard to the same issue.

Law of Georgia No 4319 of 29 December 2006 – LHG I, No 2, 4.1.2007, Art. 37

Decision No 1/3/421,422 of the Constitutional Court of Georgia of 10 November 2009 – LHG IV, No 82, 17.11.2009, p.1

Law of Georgia No 4546 of 19 April 2011 – website, 5.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

Law of Georgia No 3597 of 19 October 2023 – website, 3.11.2023

 

Article 14¹ – Powers of the Commission in the area of media literacy

1. The Commission shall, within the scope of its powers, elaborate and approve the action plan for facilitating the media literacy development in accordance with the applicable legislation of Georgia in the areas of broadcasting and electronic communications, and the basic guidelines of the state policy in the area of electronic communications.

2. The Commission shall be entitled to conclude memoranda of mutual cooperation with public institutions, respective market participants in the areas of broadcasting and electronic communications, educational institutions, civil society institutions and other organisations, and with foreign national regulatory bodies, foreign and international educational and scientific research centres for fulfilling the action plan for facilitating the media literacy development.

3. For facilitating media literacy development, including for evaluating the status of media literacy within the society, identifying challenges and conducting studies for the facilitation of media literacy development, holding special training courses/implementing programmes for various age groups of the society and other groups (children and their parents, teachers, media representatives, etc.), the Commission shall be entitled to set up a media literacy educational research centre with the organisational and legal form of a non-entrepreneurial (non-commercial) legal entity. The Commission may, for achieving the above objectives, set up a media literacy development network/platform, or a webpage, with the participation of other persons concerned.

4. In conducting its activities, including when issuing normative and individual-legal acts, the Commission shall consider goals and objectives of the media literacy development and its facilitation; when entering changes and annexes in the code of conduct, the Commission shall be guided by the media literacy development strategy and shall ensure involvement of the society and all interested groups/persons in this process.

5. The Commission shall facilitate the popularisation of media literacy in any legally permissible way, including through creating broadcasting educational products, ordering the preparation of a public service ad and its free dissemination, arranging conferences and other target activities.

6. For achieving the goals and objectives under paragraph 1 of this article, the Commission may allocate appropriate sums from the budget of the Commission, obtain grants and other funding sources, and may fund media literacy facilitation programmes/projects from the budget of the Commission.

7. The Commission shall evaluate the level of media literacy development within the society, identify challenges, analyse activities conducted by the Commission for the facilitation of media literacy development, and shall publish the above analysis in the Commission’s Activity Report.

8. For achieving the goals of media literacy development and its facilitation, the Commission may exercise other powers as well.

Law of Georgia No 1928 of 23 December 2017 – website, 11.1.2018

 

Chapter III – Public Broadcasting

 

Article 15 – Legal status of the Public Broadcaster

For the purposes of providing the public with diverse programmes that are free from political and commercial influence and that reflect the interests of the public, the Public Broadcaster is established under this Law. The Public Broadcaster is a legal entity under public law that is independent from the state government and is accountable before the public; it is created for TV or radio broadcasting under the legislation of Georgia on the basis of state property and operates on the basis of public financing. The Public Broadcaster is not subordinate to any state agency.

 

Article 16 – Content-wise obligations

1. The Public Broadcaster shall:

a) ensure editorial independence, fairness and impartiality of programmes and freedom from governmental, political, religious or commercial influence;

b) ensure balance between news, social and political, educational and analytical, cultural and sport programmes in accordance with the interests of the public;

c) provide the audience with timely and comprehensive information on important events taking place in Georgia, its regions and worldwide;

d) broadcast news, social and political programmes at prime time, and election debates during electoral campaigns;

e) not express its opinion in programmes;

f) cover the pluralism of ideas existing in the public;

g) allot at least 25% of the Public Broadcaster’s products to programmes produced by legal entities under private law, to the procurement of which the Law of Georgia on Public Procurement shall not apply;

[g) allow not less than 25% of the Public Broadcaster’s products for programmes produced by legal entities under private law; (Shall become effective from 1 January 2025)]

h) reflect ethnic, cultural, linguistic, religious, age and gender diversity of the society in programmes;

i) broadcast a number of programmes for children reflecting the interests of children and adults;

j) take into account the interests of persons with disabilities and provide them with access to the general public information, including providing sign language interpretation in their programmes related to elections and/or referenda and/or plebiscites, which are broadcast during electoral campaigns and referenda and/or plebiscites;

J¹) in order to raise public awareness, to ensure the promotion of the potential of persons with disabilities and promote their contribution to public life, as well as to periodically inform the public about the rights of persons with disabilities;

k) facilitate the development of the uniqueness of the country, its spiritual values and cultural diversity;

l) broadcast a number of programmes in certain proportions prepared in the languages of minorities, about minority groups and programmes prepared by minorities.

m) promote mainstreams of the foreign policy of Georgia, as well as the integration of Georgia into the North Atlantic Treaty Organization ('the NATO') and the European Union;

n) provide the audience with timely and comprehensive information regarding events related to the occupied territories of Georgia;

o) ensure, during an emergency situation, at the request of the state sub-agency operating under the Ministry of Internal Affairs of Georgia – the Emergency Management Service of Georgia, transfer of a notification about an emergency situation and other information to citizens of Georgia and other persons staying in the territory of Georgia.

2. To ensure fulfilment of the content-related obligations defined in paragraph 1 of this article, the Public Broadcaster may conduct a public opinion/audience research.

Law of Georgia No 1130 of 27 March 2009 – LHG I, No 9, 13.4.2009, Art. 30

Law of Georgia No 156 of 26 December 2012 – website, 30.12.2012

Law of Georgia No 2094 of 7 March 2014 – website, 14.3.2014

Law of Georgia No 1928 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

Law of Georgia No 2627 of 27 June 2018 – website, 6.7.2018

Law of Georgia No 4089 of 22 December 2018 – website, 28.12.2018

Law of Georgia No 2550 of 9 February 2023 – website, 27.2.2023

 

Article 17 – TV broadcasting and radio frequencies of the Public Broadcaster

1. The radio frequencies, assigned by the Commission to TeleRadioCenter of Georgia Ltd. to create a digital terrestrial television network, shall be used to achieve the goals and objectives of the Public Broadcaster and to transmit its programmes.

2. For ensuring transmission of its own TV channels, the public broadcaster may fully utilise the digital terrestrial television network provided for by paragraph 1 of this article.

3. The public broadcaster shall carry out radio broadcasting through three radio channels using radio frequencies. 
4. To develop radio broadcasting of the Public Broadcaster, the Commission shall assign additional frequencies in the FM band out of a free frequency resource within a respective bandwidth.

Law of Georgia No 2471 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 397

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

 

Article 18 – Independence and immunity

1. The Public Broadcaster, its officials and employees are independent in exercising their powers and they abide only by the law. Unlawful influence on and intervention in their activities is inadmissible, and a decision made as a result of such influence and intervention is deemed void.

2. Encroaching on editorial, managerial and financial independence of the Public Broadcaster, including giving instructions or tasks, or ordering agreements to it, or otherwise influencing the public broadcaster shall be prohibited.

3. A person concerned may apply to court for avoiding and preventing unlawful influence or intervention, and for nullifying decisions made as a result of such intervention and influence.

4. A decision made by an official of the Public Broadcaster may be appealed to the Board of Trustees or to a court within 30 days after the decision is made. A decision of the Board of Trustees may be appealed to the Commission within 30 days or to a court within the period established by the legislation of Georgia.

Law of Georgia No 2471 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 397

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

 

Article 19 – Archive of programmes with historical value

The Public Broadcaster shall create an archive, where it shall store its programmes of historical value.

 

Article 20 – Programme priorities

1. The Board of Trustees shall identify programme priorities of public broadcasting, taking into consideration the main priorities of the domestic and foreign policy of Georgia, including its integration into NATO and the European Union, events related to the occupied territories of Georgia, results of public opinion polls, and mainstreams and priorities of the national policy in the field of broadcasting.

2. The Board of Trustees shall make a decision on programme priorities of public broadcasting under a public administrative procedure.

3. The programmes of the Public Broadcaster are protected by the Law of Georgia on Copyright and Related Rights and Chapter III of the General Administrative Code of Georgia shall not apply to them.

Law of Georgia No 156 of 26 December 2012 – website, 30.12.2012

 

Article 20¹ – Public procurement of TV and radio products and/or related services by the Public Broadcaster, and Public procurement of services related to the dissemination and/or reception of TV and radio products through a satellite

The Law of Georgia on Public Procurement shall not apply to the public procurement by the Public Broadcaster of TV and radio products, and of the products designated for websites and social networks (programmes, telecasts, films, performances, serials, reports, cultural events) and/or services necessary for producing them, and to the public procurement of services related to the dissemination and/or reception of TV and radio products through a satellite (except for the public procurement of goods and construction activities necessary for producing TV and radio products and/or for broadcasting, and of services not envisaged in this article).

Law of Georgia No 1130 of 27 March 2009 – LHG I, No 9, 13.4.2009, Art. 30

Law of Georgia No 1552 of 31 July 2009 – LHG I, No 24, 13.8.2009, Art. 134

Law of Georgia No 2471 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 397

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

 

[Article 20 ¹  – (Deleted) (Shall become effective from 1 January 2025)]

Law of Georgia No 2550 of 9 February 2023 – website, 27.2.2023

 

Article 21 – Publicity of the activities of the Public Broadcaster

The Public Broadcaster shall ensure publicity of its activities, hold regular meetings with the public and consider proposals from citizens to better reflect public interests in its activities.

 

Article 22 – Structure of the Public Broadcaster

1. The managing authorities of the Public Broadcaster are:

a) the Board of Trustees;

b) the Director General.

2. The structure of the Public Broadcaster is determined by the statute of the Public Broadcaster approved on the basis of this Law.

 

Article 23 – Conflict of interest of trustees, the Director General and employees of the Public Broadcaster

1. A conflict of interest may arise if a trustee concurrently:

a) is an official of another administrative body;

b) is a member of any political party;

c) performs any work in return for payment for another broadcaster;

d) holds stocks or a share in another broadcaster or an enterprise that produces and/or delivers TV and radio products;

e) is an official, representative, authorised person or advisor of another broadcaster or an enterprise that produces and/or delivers TV and radio products;

f) has any other direct or indirect economic interest in another broadcaster or an enterprise that produces and/or delivers TV and radio products.

2. A person with a conflict of interest defined in paragraph 1 of this article may not be a trustee.

3. A person whose family member has a conflict of interest defined in paragraph 1(c-f) of this article may not be a trustee.

4. A person with a conflict of interest defined in this article may not be the Director General.

5. A person whose family member has a conflict of interest defined in paragraph 1(c-f) of this article may not be the Director General.

6. An employee of the Public Broadcaster shall not have the right to perform any paid work for another broadcaster, except for Ajara TV and Radio of the Public Broadcaster.

7. A trustee and the Director General shall report in writing if he/she or his/her family member has had conflicts of interest defined in paragraph 1 of this article within past five years.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 24 – Composition of the Board of Trustees

1. The Board of Trustees shall be composed of 11 members or trustees.

2. The Parliament of Georgia shall elect two trustees under the procedure established by the Regulation of the Parliament of Georgia upon the recommendation of the Public Defender, three trustees – upon the recommendation of a faction/factions within the parliamentary majority, three trustees – upon recommendation of the factions with the largest number of the members of parliamentary opposition, and three trustee – upon recommendation of the Supreme Council of the Autonomous Republic of Ajara.

3. A candidate for trustee shall be a citizen of Georgia having public recognition and confidence. He/she shall have a master’s or equivalent degree and at least 10 years of work experience, including at least five years of work experience in journalistic, human rights, finances, electronic communications, arts, writing and/or academic fields.

4. The term of office of a trustee shall be six years, except as provided for by paragraph 5 of this article. The term of office of a trustee starts on the day following the day of expiry of the term of office of the previous trustee.

5. In the case of premature termination of powers of a trustee, the term of powers of a new trustee elected as a replacement for the previous trustee shall be limited to the remaining term of office of the previous trustee. If less than one year is left before the expiry of the term of office of a trustee, the position of a trustee, in the case of premature termination, shall remain vacant until his/her term of office expires.

6. One third of the composition of trustees is replaced every two years by way of rotation.

7. (Deleted – 3.7.2023, No 3461).

8. A trustee shall receive an honorarium for performing activities of a trustee and shall be reimbursed for all expenses incurred when performing functions determined by this Law.

9. The amount of an honorarium and expenses required for the performance of functions under this Law shall be determined by the Board of Trustees within 1.5% of the budget of the Public Broadcaster. The amount allocated for an honorarium shall not exceed 1% of the budget.

Law of Georgia No 1130 of 27 March 2009 – LHG I, No 9, 13.4.2009, Art. 30

Law of Georgia No 1661 of 22 September 2009 – LHG I, No 28, 29.9.2009, Art. 156

Law of Georgia No 2471 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 397

Law of Georgia No 4546 of 19 April 2011 – website, 5.5.2011

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 1628 of 20 November 2013 – website, 22.11.2013

Law of Georgia No 3878 of 12 December 2018 – website, 14.12.2018

Law of Georgia No 6705 of 1 July 2020 – website, 7.7.2020

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 25 – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 1628 of 20 November 2013 – website, 22.11.2013

Law of Georgia No 3878 of 12 December 2018 – website, 14.12.2018

 

Article 26 – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 1628 of 20 November 2013 – website, 22.11.2013

Law of Georgia No 3878 of 12 December 2018 – website, 14.12.2018

 

Article 27 – Premature termination of powers of trustees

1. The powers of a trustee shall be terminated prematurely if:

a) a court judgment of conviction against a trustee, which provides for house arrest, imprisonment for a definite term or imprisonment for an indefinite term as a measure of punishment, becomes effective, or a court recognises a trustee as missing, declares him/her dead or recognises him/her as a beneficiary of support from the day of the entry of the court decision into force, unless otherwise provided for by the court decision;

b) he/she violates the norms of conflicts of interest determined by this Law;

c) he/she fails to perform the duties of a trustee for two consecutive months without a valid excuse;

d) he/she does not perform or fails to perform the duties of a trustee for more than three months in one calendar year;

e) he/she resigns voluntarily – from the day on which the application for resignation is officially submitted to the Parliament of Georgia;

f) he/she dies – from the day on which he/she dies.

2. (Deleted – 6.12.2018, No 3878).

3. (Deleted – 6.12.2018, No 3878). 

4. (Deleted – 6.12.2018, No 3878).

5. (Deleted – 6.12.2018, No 3878).

6. (Deleted – 6.12.2018, No 3878).

7. (Deleted – 6.12.2018, No 3878).

8. (Deleted – 6.12.2018, No 3878).

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3373 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 952 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 3878 of 12 December 2018 – website, 14.12.2018

 

Article 28 – Meeting of the Board of Trustees

1. The Board of Trustees makes decisions at its meetings. The Board of Trustees shall be entitled to make decisions if a majority of the total members of the Board is present at a meeting. The Board makes decisions by a majority of votes of trustees present at a meeting, unless otherwise provided for by this Law for making a decision on a certain issue.

2. Meetings of the Board of Trustees shall be held at least once a month. The chairperson of the Board of Trustees may convene an extraordinary meeting on his/her own initiative, by the request of at least one third of the trustees, the Director General or the auditor of the Public Broadcaster, not later than five calendar days after submitting such request.

3. A trustee shall be notified about the upcoming meeting and its agenda at least three working days before the meeting.

4. Each trustee has only one vote when a decision is made at a meeting of the Board of Trustees. In the case of equal votes, the vote of the chairperson of the Board of Trustees shall be decisive.

5. The Director General, the auditor of the Public Broadcaster and an independent auditor may attend meetings of the Board of Trustees. The Board of Trustees is obliged to listen to and discuss the issues raised by them.

6. The Board of Trustees and its chairperson are entitled to invite any employee of the Public Broadcaster, the auditor of the Public Broadcaster and an independent auditor to a meeting of the Board. They are obliged to attend the meeting and answer questions related to their activities in the Public Broadcaster.

7. Any person concerned may attend and express his/her opinion at an open meeting of the Board of Trustees.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

 

Article 29 – Chairperson and deputy chairperson of the Board of Trustees

1. The Board of Trustees shall elect a chairperson/a deputy chairperson of the Board of Trustees by a majority of the total number of members of the Board on the current nominal list, for a term of six years, not earlier than 30 calendar days and not later than 15 calendar days before the expiry of the term of office of the chairperson/the deputy chairperson respectively, while in the case of premature termination of official powers, within not later than 15 calendar days after the termination of powers.

2. One and the same person may not be elected as the chairperson of the Board of Trustees for more than two terms.

3. The term of office of a newly elected chairperson/deputy chairperson shall start on the day following the day of expiry of the term of office of the previous chairperson/deputy chairperson, while in case of his/her election due to premature termination of powers of the chairperson and/or deputy chairperson, his/her term of powers shall start from the moment of his/her election. The term of office of a chairperson and/or deputy chairperson expires on the sixth anniversary of his/her election, on the day preceding the date of the month when his/her term of office started.

4. The chairperson of the Board of Trustees or, in the case of his/her absence, the deputy chairperson represents the Board of Trustees, convenes and conducts meetings of the Board, and signs decisions of the Board.

5. The Board of Trustees may dismiss the chairperson and/or deputy chairperson of the Board of Trustees by the total majority of the Board. At least three members of the Board of Trustees may, by a joint written request, raise the issue of premature dismissal of the chairperson and/or deputy chairperson of the Board of Trustees. The Board of Trustees shall consider the issue of premature dismissal and put it to vote within 10 calendar days after the request is submitted. If the Board of Trustees does not dismiss the chairperson and/or deputy chairperson of the Board, the issue of his/her dismissal may not be raised during the following three months.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 30 – Functions of the Board of Trustees and rights and obligations of trustees

1. The Board of Trustees shall:

a) identify programme priorities of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster;

b) adopt, upon recommendation of the Director General, by at least two thirds of votes of the members of the Board on the current nominal list, the statute of the Public Broadcaster, and make a change to the statute of the Public Broadcaster, which shall ensure the editorial independence of relevant structural units, and be authorised to make a change to the statute of the Public Broadcaster on its own initiative, except when a change refers to the provisions related to the structure of the Public Broadcaster;

c) upon recommendation of the Director of Ajara TV and Radio of the Public Broadcaster, by a majority of two thirds of the total number, adopt the statute of Ajara TV and Radio of the Public Broadcaster, and shall make a change in the statute of Ajara TV and Radio of the Public Broadcaster, which must provide for the insurance of editorial independence of the structural units concerned; be authorised to make a change in the statute of Ajara TV and Radio of the Public Broadcaster, except when the change refers to the provisions related to the structure of Ajara TV and Radio of the Public Broadcaster;

d) upon recommendation of the Director General, adopt the budget of the Public Broadcaster, and a change to the budget of the Public Broadcaster, and approve the report of the performance of the budget of the Public Broadcaster;

e) upon recommendation of the Director of Ajara TV and Radio of the Public Broadcaster, adopt the budget of Ajara TV and Radio of the Public Broadcaster, and a change to the budget of Ajara TV and Radio of the Public Broadcaster, and approve the report of the performance of the budget of Ajara TV and Radio of the Public Broadcaster;

f) hear a quarterly performance report of the Public Broadcaster and of Ajara TV and Radio of the Public Broadcaster, including a financial report (in accordance with the international financial accounting standards), within one month after the end of a quarter;

g) give its consent to the Director General for conducting a transaction the value of which exceeds 1% of the budget of the Public Broadcaster;

h) give its consent to the Director of Ajara TV and Radio of the Public Broadcaster for conducting a transaction the value of which exceeds 1% of the budget of Ajara TV and Radio of the Public Broadcaster;

i) determine conditions and the amount of remuneration of the Director General and of the Director of Ajara TV and Radio of the Public Broadcaster;

j) upon recommendation of the Director General, approve the staff list and salaries of employees of the Public Broadcaster, the wage fund, including the bonus fund and maximum amounts of bonuses;

k) upon recommendation of the Director of Ajara TV and Radio of the Public Broadcaster, approve the staff list and salaries of employees of Ajara TV and Radio of the Public Broadcaster, the wage fund, including the bonus fund and maximum amounts of bonuses.

2. A trustee shall:

a) perform the duties of a trustee in good faith;

b) be authorised to request that a specific issue be included in the agenda of the Board of Trustees;

c) be authorised to request and receive any information related to the activities of the Public Broadcaster and of Ajara TV and Radio of the Public Broadcaster.

Law of Georgia No 156 of 26 December 2012 – website, 30.12.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013  

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 30¹ – Providing organisational support to the activities of the Board of Trustees

To provide organisational support to the activities of the Board of Trustees, an organisational unit shall be set up at the Board of Trustees. The Board of Trustees shall determine the powers of this unit.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

 

Article 31 – Public councils

1. To represent needs and interests of the public through the Public Broadcaster and to ensure fulfilment of obligations defined by Article 16 of this Law, public councils shall be created. Public councils shall be authorised to prepare recommendations for the Public Broadcaster by the direct participation of the public.

2. The number, the rules of formation and operation, and functions of public councils are defined by the statute of the Public Broadcaster.

 

Article 32 – Director General

1. The Board of Trustees shall, through an open competition, appoint a Director General for the term of six years, which starts on the day following the expiry of the term of office of the previous Director General, while if he/she is appointed due to premature termination of the term of office of the previous Director General, the powers of the Director General shall start upon his/her appointment. The term of office of a Director General expires on the sixth anniversary of his/her appointment, on the day preceding the date of the month, on which this term started.

2. Not later than 90 calendar days before the expiry of powers of the Director General, or, in the case of premature termination of powers, within 10 calendar days after termination, the Board of Trustees shall announce an open competition for the position of Director General.

3. Applications and recommendations for holding the position of Director General shall be submitted within 30 calendar days after announcement of the competition. Any person who meets the requirements determined by this Law may participate in the competition.

4. A candidate for Director General must be a citizen of Georgia who has higher education and not less than 10 years of work experience, including not less than 5 years of work experience in a managerial position and not less than 5 years of work experience in a broadcaster and/or in journalistic, human rights, and/or academic fields.

5. Within three calendar days after the expiry of the deadline for nominating candidates for Director General, the Board of Trustees shall publish the list of candidates on the official website of the Public Broadcaster and appoint the Director General within the following seven days after publishing the list of candidates.

6. The Board of Trustees shall sign an employment contract with the Director General.

7. The Director General shall be guided by this Law, the statute of the Public Broadcaster and the employment contract signed between the Director General and the Board of Trustees. He/she shall run the activities of the Public Broadcaster and represent it in relationship with third parties.

Law of Georgia No 1475 of 20 May 2005 – LHG I, No 23, 25.5.2005, Art. 160

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 32¹ – Procedure and conditions for the dismissal of the Director General

1. The Director General shall be prematurely dismissed if:

a) a court delivers a judgement of conviction against him/her, or finds him/her missing, declares him/her dead or recognises him/her as a beneficiary of support, unless otherwise provided for by the court decision – from the day on which the court decision enters into force;

b) he/she violates the norms of conflicts of interest determined by this Law;

c) he/she fails to perform the duties of the Director General for two consecutive months without a valid excuse;

d) he/she does not perform or fails to perform the duties of the Director General for more than three months in a calendar year;

e) the Board of Trustees expresses non-confidence to him/her – from the day on which non-confidence is expressed;

f) he/she resigns voluntarily – from the day on which an application for resignation is officially submitted to the Board of Trustees;

g) he/she dies – from the day on which he/she dies.

2. In the cases defined in paragraph 1(a-e) of this article, the Director General shall be prematurely dismissed by a decision of the Board of Trustees, and in the cases defined in sub-paragraphs (f) and (g) of the same paragraph, information about the resignation or death of a trustee shall be taken note of.

3. The Board of Trustees may express non-confidence in the Director General by a majority of members of the Board on the current nominal list if this is requested in writing by at least two thirds of the trustees.

4. The Board of Trustees shall consider a proposal expressing non-confidence and put it to vote within 10 calendar days after the proposal is submitted. The Director General may attend the meeting when such issue is reviewed and submit his/her opinion thereon.

5. If the Board of Trustees fails to express non-confidence in the Director General, the issue of expressing non-confidence may not be raised during the following six months.

Law of Georgia No 1475 of 20 May 2005 – LHG I, No 23, 25.5.2005, Art. 160

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3373 of 20 March 2015 – website, 31.3.2015

 

Article 33 – Budget of the Public Broadcaster; fees for public broadcasting

1. The Board of Trustees shall, on the basis of consolidating a draft budget of the Public Broadcaster presented by the Director General and a draft budget of Ajara TV and Radio of the Public Broadcaster presented by the Director of Ajara TV and Radio of the Public Broadcaster, approve the budget of the Public Broadcaster and of Ajara TV and Radio of the Public Broadcaster for the next year.. The budget must separately include costs of TV broadcasting, broadcast channels, radio broadcasting and administrative costs.

1¹. The Public Broadcaster shall create one or more regular programme products in at least 4 languages annually, including in the Abkhazian and Ossetian languages.

2. The budget of the Public Broadcaster shall be funded from the public broadcasting fees and other revenues defined and/or permitted by legislation.

3. Any natural person having a taxable income in Georgia shall pay the public broadcasting fee.

4. The public broadcasting fee shall be transferred monthly to the account of the Public Broadcaster.

5. Before paragraphs 2–4 of this article enter into force, the main source of financing for public broadcasting shall be the State Budget of Georgia. The amount of financing of public broadcasting shall be at least 0.14% of the gross domestic product defined for a year preceding the year to be planned based on the macro parameters available during the period of drafting the annual law on the State Budget of Georgia. The financing provided for by the state budget of Georgia of a respective year shall be transferred to the Public Broadcaster fully, before the end of a budget year, according to a quarterly schedule defined under the procedure established by the legislation of Georgia.

6. The Public Broadcaster may use revenues defined by the legislation of Georgia, including allocations from the State Budget, to cover loan debts and carried forward payments arising at the end of the year.

7. The Public Broadcaster may direct the revenues defined by the legislation of Georgia, including the allocations received from the state budget of Georgia, for the stimulation of beginner enterprises (start-ups), innovative development of TV, radio and online products, and facilitation of the development of the environment in the area of broadcasting. The decision on financing for the achievement of the goals under this paragraph shall be made by the Board of Trustees upon recommendation of the Director General.

8. The Public Broadcaster shall transfer the allocations received from the State Budget of Georgia in the amount of not less than 10% of the budget of the Public Broadcaster for the development of appropriate material and technical base with a view to financing (as well as co-financing) Georgian feature telefilms, Georgian documentary telefilms and Georgian TV series, and for the popularisation of the national cinematography of Georgia.

Law of Georgia No 6011 of 21 March 2008 – LHG I, No 9, 4.4.2008, Art. 76

Law of Georgia No 2471 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 397

Law of Georgia No 4546 of 19 April 2011 – website, 5.5.2011

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 34 – Audit

1. An internationally recognised, independent audit company appointed by the Board of Trustees through an open competition shall conduct an external audit of the Public Broadcaster once a year.

2. An internationally recognised, independent audit company appointed by the Board of Trustees through an open competition shall conduct an external audit of Ajara TV and Radio of the Public Broadcaster once a year.

3. The Director General shall appoint the auditor of the Public Broadcaster through a competition, who shall regularly conduct an internal audit of the Public Broadcaster. The auditor of the Public Broadcaster shall be accountable to the Director General.

4. The Director of Ajara TV and Radio of the Public Broadcaster shall appoint the auditor of Ajara TV and Radio of the Public Broadcaster through a competition, who shall regularly conduct an internal audit of Ajara TV and Radio of the Public Broadcaster. The auditor of Ajara TV and Radio of the Public Broadcaster shall be accountable to the Director of Ajara TV and Radio of the Public Broadcaster.

5. The Chairperson of the Board of Trustees, the Director General, and one third of the members of the Board of Trustees on the current nominal list may assign an auditor of the Public Broadcaster to conduct an additional audit.

6. The Chairperson of the Board of Trustees, the Director of Ajara TV and Radio of the Public Broadcaster, and one third of the members of the Board of Trustees on the current nominal list may assign an auditor of Ajara TV and Radio of the Public Broadcaster to conduct an additional audit.

Law of Georgia No 2471 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 397

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35 – Report of the Board of Trustees

1. The Board of Trustees shall, not later than the 1^st of May of each year, submit to the Parliament of Georgia and the Commission and publish the activity report of the Public Broadcaster and of Ajara TV and Radio of the Public Broadcaster for the previous year.

2. The report provided for by paragraph 1 of this article must include information about:

a) the broadcasting policy of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster;

b) current and future programme priorities of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster;

c) schedules of current and future programmes;

d) independent programmes and their producers;

e) the results of a public opinion poll and a broadcasting market study;

f) the number and content of complaints already reviewed;

g) the contents of public hearings and the proposals of citizens;

h) enterprises that are interdependent with the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster;

i) the budget of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster for the next year;

j) the performance of the budget of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster;

k) internal audit and external audit reports.

3. The Parliament of Georgia shall ensure public hearings of the report provided for by paragraph 1 of this article. The results of public hearings shall be reflected in programme priorities of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster, where possible.

4. A member of the Parliament of Georgia may request and receive information about activities of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Chapter III¹ – Ajara TV and Radio of the Public Broadcaster

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

 

Article 35¹ – Status of Ajara TV and Radio of the Public Broadcaster

1. A legal entity under public law –Ajara TV and Radio of the Public Broadcaster is established on the basis of Article 5(2)(a) of the Law of Georgia on Legal Entities under Public Law.

2. Obligations under Article 16 of this Law shall apply to Ajara TV and Radio of the Public Broadcaster.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

 

Article 35² – TV and radio broadcasting of Ajara TV and Radio of the Public Broadcaster

1. Ajara TV and Radio of the Public Broadcaster carries out radio broadcasting through one radio channel.

2. Ajara TV and Radio of the Public Broadcaster carries out TV broadcasting using the digital terrestrial television network under Article 17(1) of this Law.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 35³ – Structure of Ajara TV and Radio of the Public Broadcaster

1. The management authorities of Ajara TV and Radio of the Public Broadcaster are:

a) the Board of Trustees of the Public Broadcaster;

b) the Director.

2. The structure of Ajara TV and Radio of the Public Broadcaster is determined by the statute approved by the Board of Trustees of the Public Broadcaster on the basis of this Law.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35⁴ – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 4776 of 19 February 2016 – website, 7.3.2016

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35⁵ – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35⁶ – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3373 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 952 of 1 June 2017 – website, 20.6.2017

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35⁷ – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35⁸ – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35⁹ – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 4776 of 19 February 2016 – website, 7.3.2016

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35¹⁰ – Director of Ajara TV and Radio of the Public Broadcaster

1. The Board of Trustees of the Public Broadcaster shall appoint the director of Ajara TV and Radio of the Public Broadcaster through an open competition for a term of three years starting on the day following the day of expiry of the term of office of the previous director, and if he/she is appointed due to premature termination of powers of the previous director, the term of office of the director shall start upon his/her appointment. The term of office of a director expires on the third anniversary of his/her appointment, on the day preceding the day of the month on which the term started.

2. Not later than 90 calendar days before the expiry of the term of office of the director or, in the case of premature termination of powers, within 10 calendar days after the termination, the Board of Trustees of the Public Broadcaster shall announce an open competition for the position of director.

3. Applications and recommendations for holding the position of director shall be submitted within 30 calendar days after announcement of the open competition. Any person who meets the requirements determined by this Law may participate in the competition.

4. A candidate for director must be a citizen of Georgia, who is a person of public recognition and confidence and who has a master’s or an equivalent academic degree and not less than 10 years of work experience, including not less than 3 years of work experience in a managerial position and not less than 5 years of work experience in journalistic, human rights, and/or academic fields.

5. Within three calendar days after the expiry of the period for the nomination of candidates for director, the Board of Trustees of the Public Broadcaster shall publish the list of candidates for director on the official website of Ajara TV and Radio of the Public Broadcaster and appoint the director within the following seven days.

6. The Board of Trustees of the Public Broadcaster shall conclude an employment contract with the director.

7. The director shall be guided by this Law, the statute of Ajara TV and Radio of the Public Broadcaster and the employment contract concluded by the Board of Trustees of the Public Broadcaster with the director. He/she shall manage the activities of Ajara TV and Radio of the Public Broadcaster and shall represent it in relationship with the third parties.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35¹¹ – Procedure and conditions for the premature dismissal of the director of Ajara TV and Radio of the Public Broadcaster

1. The director of Ajara TV and Radio of the Public Broadcaster shall be prematurely dismissed if:

a) a court delivers a judgement of conviction against him/her, or finds him/her missing, declares him/her dead or recognises him/her as a beneficiary of support, unless otherwise provided for by the court’s decision – from the day on which the court decision enters into force;

b) he/she violates the norms of conflict of interest determined by this Law;

c) he/she fails to perform the duties of a director for two consecutive months without a valid excuse;

d) he/she does not perform or fails to perform the duties of a director for more than three months in one calendar year;

e) the Board of Trustees of the Public Broadcaster expresses non-confidence in him/her – from the day on which non-confidence is expressed;

f) he/she resigns voluntarily, based on his/her written application – from the day when the application for resignation is officially submitted to the Board of Trustees of the Public Broadcaster;

g) he/she dies – from the day on which he/she dies.

2. In the cases defined in paragraph 1(a-e) of this article, the director shall be prematurely dismissed by a decision of the Board of Trustees of the Public Broadcaster, and in the cases defined in sub-paragraphs f) and g) of the same paragraph, information about the resignation or death of the director shall be taken note of.

3. The Board of Trustees of the Public Broadcaster may express non-confidence to the director by the majority of the total number of members of the Board of Trustees and if requested in writing by not less than one third of the total number of members.

4. The Board of Trustees of the Public Broadcaster shall consider the proposal about expressing non-confidence against Director and put it to vote within 10 calendar days after the proposal is submitted. The director may attend the meeting when such issue is reviewed and may express his/her opinion.

5. If the Board of Trustees of the Public Broadcaster fails to express non-confidence to the director, the issue of expressing non-confidence may not be raised during the following two months.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3373 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35¹² – Financing of Ajara TV and Radio of the Public Broadcaster

[1. Ajara TV and Radio of the Public Broadcaster shall be financed from the budget of the Pubic Broadcaster, by 17% of this budget. The allocated amount shall be transferred to the account of Ajara TV and Radio of the Public Broadcaster after the budget has been approved. (Shall become effective from 1 January 2026)]

2. The director of Ajara TV and Radio of the Public Broadcaster shall submit a draft budget of Ajara TV and Radio of the Public Broadcaster to the Board of Trustees of the Public Broadcaster.

3. The Board of Trustees of the Public Broadcaster shall, on the basis of consolidating a draft budget of the Public Broadcaster presented by the Director General and a draft budget of Ajara TV and Radio of the Public Broadcaster presented by the Director of Ajara TV and Radio of the Public Broadcaster, approve the budget of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster for the next year.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 35¹³ – (Deleted)

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 930 of 7 September 2021 – website, 9.9.2021

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Chapter IV – Licensing and Authorisation in the Fields of Media Services and Video Sharing Platform Services

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 36 – Basis of activities in the field of broadcasting

1. For the purposes of licensing and authorisation provided for by this article, media services and video sharing platform services shall belong to the field of broadcasting.

2. Activities in the field of broadcasting are carried out by the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster, which are established in accordance with this Law, and on the basis of licensing and/or authorisation of such activities.

3. Activities in the field of broadcasting, except for over-the-air radio broadcasting, shall be subject to authorisation.

4. A licence shall be issued only for radio broadcasting and only if it is carried out by means of broadcast transmitters using the radio frequency spectrum.

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 36¹ – Organisation of licensing

1. The Commission is the body issuing licences in the field of broadcasting. By observing the principle of publicity, the Commission shall:

a) issue licences for the activities provided for by this Law and maintain a departmental register of licences;

b) control compliance with licence provisions;

c) modify, suspend, renew or revoke licences as determined by this Law;

d) exercise other powers in the field of licensing granted by legislation.

2. Decisions made by the Commission on issuing licences in the field of broadcasting shall comply with the requirements of Articles 52 and 53 of the General Administrative Code of Georgia.

3. Activities in the field of broadcasting that are related to necessary technical regulation and the use of scarce resources shall only be carried out under the relevant licence, except for public broadcasting and broadcasting that is subject to authorisation under this Law.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 36² – Organisation of authorisation

The authorisation of activities in the fields of media services and video sharing platform services shall be carried out by the Commission which, under the procedure established by this Law:

a) carries out authorisation of persons conducting activities under this Law and keeps a departmental register of authorised persons;

b) controls compliance by the authorised persons with the legislation of Georgia applicable in the fields of media services and video sharing platform services, including with resolutions and decisions of the Commission;

c) suspend and revoke authorisation under the procedure established by this Law;

d) exercise other powers granted to it by the legislation of Georgia.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 37 – Licence holder and/or authorised person in the field of broadcasting

1. A licence holder and/or authorised person in the field of broadcasting may be a citizen of Georgia or a natural or legal person who is a resident of Georgia.

2. A licence holder and/or authorised person in the field of broadcasting may not be:

a) an administrative body, except for a higher educational institution;

b) an official of an administrative body or other officer;

c) a legal person interdependent with an administrative body;

d) a political party or its official;

e) a legal person registered offshore;

f) a legal person, the shares or stocks of which is directly or indirectly owned by a legal person registered offshore.

g) a person, the beneficial owner of which is a person of another State defined by sub-paragraph d) of this paragraph.

3. A licence holder and/or authorised person (except for persons defined in paragraph 2 of this article) may not at the same time be a person, the beneficial owner of which is a person and/or body of another State as defined in paragraph 2(a-c) of this article, except as provided for by an international agreement of Georgia. An international agreement of Georgia may envisage granting the right to broadcast in the territory of Georgia to a broadcaster established by a person and/or body of another State defined by paragraph 2(a), (b) or (c) of this article on the one hand, and the right to broadcast outside the territory of Georgia to a broadcaster established by a person and/or body defined in paragraph 2(a), (b) or (c) of this article on the other hand.

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 4547 of 3 May 2019 – website, 10.5.2019

 

Article 37¹ – Declarations of compliance

1. A licence/authorisation applicant shall attach a declaration of compliance to an application which shall indicate:

a) identification data of a licence applicant and/or authorisation applicant;

b) data on head officers and bodies of a licence applicant and/or authorisation applicant;

c) confirmation that a licence applicant/authorisation applicant or his/her/its beneficial owners are not persons defined in Article 37(2) of this Law;

d) identification data of beneficial owners of a licence applicant and/or authorisation applicant and information about shares owned by them.

2. A licence holder and/or authorised person shall submit a declaration of compliance to the Commission in the cases provided for by this Law.

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 38 – Types and varieties of broadcasting; information to be specified during licensing/authorisation of broadcasting and authorisation of on-call audiovisual media services

1. Broadcasting shall be carried out on the basis of authorisation or a licence. Authorisation of on-call audiovisual media services shall be carried out on the basis of authorisation.

2. Types of broadcasting are TV broadcasting and radio broadcasting. TV broadcasting and radio broadcasting (except for over-the-air radio broadcasting) are carried out on the basis of an authorisation. Over-the-air radio broadcasting is carried out on the basis of a licence.

3. The varieties of broadcasting shall be community broadcasting, private broadcasting and university broadcasting.

4. The sub-varieties of private broadcasting shall include general broadcasting and specialised broadcasting. During licensing/authorisation of private specialised broadcasting, the theme/themes of programmes shall be specified. University broadcasting shall be specialised broadcasting during the authorisation of which the theme/themes of broadcasting programmes shall be specified.

5. Broadcasting based on geographical areas shall be national or local.

6. Broadcasting/on-call audiovisual media services based on the availability of programmes may be paid or free.

7. During the licensing/authorisation for broadcasting, the following information shall be specified:

a) the language/languages of broadcasting;

b) the minimum duration of broadcasting within a 24-hour period; in the case of an over-the-air television broadcasting, the minimum duration must be 12 hours;

c) the broadcasting coverage technology;

d) the period of starting broadcasting;

e) a proposed geographical area of broadcasting coverage.

8. During the authorisation for on-call audiovisual media services, the following information shall be specified:

a) the language/languages of the on-call audiovisual media services;

b) the technology for providing the on-call audiovisual media services;

c) the period of starting the on-call audiovisual media services.

9. The transit of radio broadcasting through the radio frequency spectrum shall be allowed for unaltered broadcasting only during the free air time by a radio broadcaster licenced in accordance with the legislation of Georgia, when a person providing transit for radio broadcasting does not carry out his/her/its own broadcasting. The transit of a foreign resident radio broadcaster on a channel of a radio broadcaster licensed under the legislation of Georgia may be carried out only if there is an international agreement provided for by Article 37(3) of this Law.

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Decision No 1/1/468 of the Constitutional Court of Georgia of 11 April 2012 – website, 25.4.2012

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 5020 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 4547 of 3 May 2019 – website, 10.5.2019

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 38¹ – Language/languages of broadcasting

1. A TV broadcaster authorised in Georgia and carrying out general national broadcasting must place programmes in the official language of Georgia, except for cases defined by the legislation of Georgia and/or by the Commission.

2. A TV broadcaster authorised in Georgia and carrying out general local broadcasting must place news and social and political programmes in the official language of Georgia as well, including during the prime time.

3. A TV broadcaster authorised in Georgia and carrying out university broadcasting shall place programmes in the official language of Georgia, except as defined by the legislation of Georgia and/or the Commission.

Law of Georgia No 5020 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 4547 of 3 May 2019 – website, 10.5.2019

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 38² – Authorisation/issuance of a licence; modification; revocation

1. A licence may be issued, modified, its validity period may be extended, suspended and it may be revoked under the public administrative procedure.

2. Authorisation, modification of the terms of authorisation, and suspension or revocation of authorisation at the initiative of an authorised person shall be carried out under the simple administrative procedure. Suspension or revocation of authorisation at the initiative of the Commission shall be carried out under the public administrative procedure.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 39 – Validity period of licences in the field of broadcasting

A licence in the field of broadcasting is issued for a term of 10 years. After the validity period of a licence expires, the licence is automatically prolonged only once for the same term, unless the sanctions under Article 72(2) of this Law have been applied to the licence holder. In this case, the licence holder shall pay a licence duty and, in the cases determined by legislation, an initial amount of a licence fee established by the moment of prolonging the validity of a licence. In other cases, six months before the expiry of a licence, a licence holder shall submit an application to the Commission for the announcement of a competition. The Commission shall conduct the competition before the licence expires.

 

Article 40 – Over-the-air broadcasting service areas

1. In accordance with the decision of the Commission, the territory of Georgia is divided into over-the-air broadcasting service areas.

2. A licence holder shall ensure the quality reception of radio signals by at least 90% of the population within his/her/its service area.

3. Licences for national radio broadcasting and local radio broadcasting are issued separately.

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 40¹ – Transit of broadcasting by authorised persons

1. The Public Broadcaster, a community broadcaster, a general over-the-air and/or satellite broadcaster authorised under this Law, which broadcast within the service area of a person authorised to transit broadcasting (for the purposes of this article, the broadcasting area for a satellite broadcaster is the entire territory of the country), as well as an authorised general over-the-air broadcaster, the broadcasting of which is available to at least 20% of the population as a result of over-the-air broadcasting, may demand from a person, authorised to transit broadcasting, to place their TV channels in all packages offered to consumers ('must carry'). In this case, the right of the broadcaster shall not be permitted to charge persons authorised to transit broadcasting with a fee for the transit of the broadcaster’s signal.

1¹. The obligation defined under paragraph 1 of this article shall arise with regard to a person authorised to transit satellite broadcasting if the broadcaster is authorised to carry out satellite broadcasting as well and carries out free-to-air satellite broadcasting.

2. A broadcaster may demand a ‘must carry’ from a person authorised to transit broadcasting, by sending a registered letter to his/her/its legal address. A copy of this letter shall be submitted to the Commission.

3. A broadcaster shall, at its own expense, ensure a one-time provision of a person authorised to transit broadcasting with technical means necessary to propagate a broadcaster’s signal within the network and ensure the delivery of a broadcaster’s signal to the satellite. The obligation of a one-time provision with technical means shall not apply to those broadcasters who have been providing transit of broadcasting upon the entry of this article into force. Other mutual obligations related to technical issues are determined in transit contracts made between the parties. Each party to a transit contract shall place the transit contract or any other legal instrument for carrying out transit, on its website and immediately provide a copy of such contract to any person, if requested in writing. 

4. The Commission shall determine technical data of technical means. Within 14 days after the delivery of technical means by broadcasters under paragraph 1 of this article, a person authorised to transit broadcasting shall fulfil the ‘must carry’ requirement in accordance with the technical data determined by the Commission.

5. Terms of the ‘must carry’ shall be revised from time to time.

6. A person authorised to transit broadcasting may carry out transit of broadcasting of the broadcaster referred to in paragraph 1 of this article for free and without the consent of the relevant broadcaster if the broadcaster violates the requirement to act in good faith as specified in paragraph 8 of this article or if it terminates the transit contract made with a person authorised to transit broadcasting by means of violating contractual provisions.

7. If a broadcaster, referred to in paragraph 1 of this article, demands from a person authorised to transit broadcasting, payment for broadcasting its signal, a contract for paid transit shall be made between such broadcaster and the person authorised to transit broadcasting. Each party to a contract for paid transit shall place the contract for paid transit on its website and immediately provide a copy of such contract to any person, if requested in writing.

8. In the case of paid transit, a broadcaster referred to in paragraph 1 of this article and a person authorised to transit broadcasting shall conduct negotiations in good faith in order to enter into a contract for paid transit. The requirement of acting in good faith shall not be deemed fulfilled if any of the parties:

a) unreasonably refuses to participate in negotiations with respect to a contract for paid transit;

b) manifestly delays the negotiations with regard to a contract for paid transit;

c) demands an unreasonably high or low fee for transit as compared to fees that other authorised persons are charged by the same broadcaster. Unreasonableness exists when the difference between the transit fee and the fee demanded by other broadcasters exceeds 10%;

d) demands such other terms for paid transit that place another party in a clearly discriminatory condition as compared to other entities operating in the market of broadcasting or paid transit;

e) requires from the other party not to enter into transactions with other entities operating in the market of broadcasting or paid transit;

f) unreasonably refuses to consider offers of the other party with regard to provisions related to paid transit;

g) enters into such transaction with a third persons, one of the provisions of which is the obligation of the party not to enter into contract for paid transit with other persons.

9. In the case of ‘must carry’ or paid transit, a person authorised to transit broadcasting shall carry out an unaltered transit of broadcasting.

10. A broadcaster, whose broadcasting is carried out on the basis of ‘must carry’ or paid transit, may require that copyright be observed in accordance with the Law of Georgia on Copyright and Related Rights and the procedures determined by the Civil Procedure Code of Georgia.

11. If any of the parties violates paragraphs 1, 3, 6, 7 and/or paragraph 8 of this article, the other party may file a complaint with the Commission.

12. The parties may appeal a decision by the Commission to a court and demand both the fulfilment of obligations and compensation for damages incurred.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 40² – Commercial coverage

1. Commercial coverage or modification of programmes of broadcasting/on-call audiovisual media services may only be allowed with the consent of a broadcaster/an on-call audiovisual media service provider.

2. Consent of a broadcaster/an on-call audiovisual media service provider shall not be required if the commercial coverage serves for:

a) the device control interface or such tools of programme navigation as audio control, search, browsing and channel list functions;

b) the dissemination of publicly significant information.

3. Use of a data compression technique and of another technique that aim to adapt to a respective service medium may be allowed, without change of the content of broadcasting/on-call audiovisual media service.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 41 – Procedure for the issuance of licences

1. To obtain a licence, a licence applicant shall submit to the Commission an application containing the following:

a) for a natural person – first name and last name, date and place of birth, registration data, address and citizenship;

b) for a legal person – company name, legal status, legal address (location), information on the registration in the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, the name and surname of an authorised representative, information about partners and shareholders owning 5% of shares or more;

c) the type, category and sub-category of licence that is sought by an applicant;

d) a proposed geographical area of broadcasting coverage;

e) an estimated duration of broadcasting within a 24-hour period;

2. The following shall be attached to the application:

a) an excerpt from the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities; in the case of a natural person, a copy of his/her identity document;

b) a document confirming payment of a licence duty;

c) a declaration of compliance;

d) for a natural person – declaration of property of this person and of his/her family members;

e) for a legal person – a certificate of the authorised capital and its paid-in portion, a certificate of its assets and liabilities, information about the ownership and origin of its subscribed capital and assets, declarations of property of the partners/shareholders owning a significant share;

f) the date of commencement of the practical activity;

g) a plan for financing the activities to be carried out and information about sources of financing;

h) documents on technical means to be used for disseminating programmes;

i) a broadcasting concept to be implemented, which shall comply with radio broadcasting priorities and the programme requirements as defined by this Law;

j) the confirmation of payment of 10% of the licence fee. This amount shall be transferred to the account of the Commission. If the licence applicant does not obtain a licence, this amount, excluding the bank commission, shall be returned to the licence applicant within 10 working days after a written application is submitted to the Commission. A successful licence holder shall pay the remainder of the amount as determined by the Commission.

3. Licences shall be issued only by the Commission. It is prohibited to establish and demand any other licences and permits (a one-stop-shop principle).

4. A plan of financing activities to be carried out and a broadcasting concept to be implemented, which are submitted by a licence applicant in accordance with paragraph 2(g) and (i) of this article, shall be defined as terms and conditions of the licence in the case of obtaining the licence by the licence applicant.

Law of Georgia No 1516 of 2 June 2005 – LHG I, No 26, 6.6.2005, Art. 176

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 1969 of 3 November 2009 – LHG I, No 35, 19.11.2009, Art. 258

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 4546 of 19 April 2011 – website, 5.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 881 of 2 August 2021 – website, 4.8.2021

 

Article 42 – Basis for the refusal to accept an application

The Commission shall not accept:

a) a licence application if documents provided for by this Law are not fully submitted;

b) a licence application/authorisation application if it is submitted by a person/body defined by Article 37(2) of this Law;

c) a new licence application if it is submitted by a licence holder within one year after the decision to impose sanctions on him/her/it has been made by the Commission for violations defined by this Law.

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 43 – Procedure for conducting a competition to issue a licence

1. A licence for over-the-air broadcasting (using the frequency spectrum) shall be issued on a competitive basis. The decision of the Commission on the announcement of a competition shall include:

a) the type, category and sub-category of the licence to be issued;

b) the minimum duration of broadcasting and the geographical coverage area;

c) the minimum requirements for programming which shall be met by a broadcasting concept proposed by a licence applicant;

d) technical parameters, which shall be complied with by a project proposed by a licence applicant;

e) the amount of the licence fee and its payment procedure;

f) dates of conducting a preparatory meeting, oral hearing and a competition.

2. The Commission shall ensure that information on the announcement of a competition is published and licence applications are accepted within one month after publication.

3. Within three working days after the deadline of accepting licence applications, the Commission shall hold a preparatory meeting to review applications for participation in the competition and shall open enclosed sealed documentation in the presence of licence applicants. If the documentation is not submitted fully, the Commission shall give applicants an additional five working days to bring the documentation in line with the established requirements. Applications for participation in the competition and enclosed documentation may not be sent to the Commission by post.

4. The applications for participation in the competition and enclosed documentation shall be made available to the public within the following 20 days.

5. After 20 days following the publication of a note about making the documentation available to the public, the Commission shall hold an oral hearing. In the case that the documentation is not fully submitted, and the minimum requirements for programming and for the fulfilment of investment obligations are not met, the Commission shall make a decision not to review the application and to decline the licence applicant's request to participate in the competition.

6. The Commission shall hold the competition during a public session.

7. The Commission shall assess documents depending on the programming aspect.

8. When determining the winner based on the programming aspect, the following shall be taken into consideration:

a) the diversity of proposed programmes and their conformity with the interests of the audience;

b) the availability of other broadcasters’ programmes to the audience within the service area.

8¹. When issuing licences for community radio broadcasting, the Commission shall take into consideration the following:

a) to what extent the proposed service conforms to present and future interests of the community and the capabilities of a licence applicant;

b) the type and diversity of the community;

c) the types of services provided by current broadcasters within the coverage area proposed by the licence applicant.

9. If applicants participating in the competition are assessed equally based on the programming aspect, the licence applicant who had been broadcasting on the basis of a licence issued previously using the frequencies for which the competition was held, shall be declared a winner.

10. The Commission shall adopt and publish a justified decision on the identification of a winner.

11. If only one licence applicant participates in a competition, he/she/it shall be declared the winner in the case of the confirmation of payment of the licence fee by him/her/it.

11¹. If the use of the radio frequency spectrum for carrying out broadcasting by the winner of the competition requires the permission of other agencies, in order to receive this permission using the one-stop-shop principle, the winner may submit to the Commission relevant documentation required by the legislation of Georgia for obtaining such permission and the Commission shall ensure obtaining of the corresponding permission from the relevant agencies. In this case, the Commission shall, within five working days after the submission of appropriate documentation, send the documentation submitted by the winner of the competition to the relevant agencies. If within the following 20 working days a refusal to issue a permit is received from a relevant agency, the refusal shall contain the substantiation of non-compliance with the legislation of Georgia and the ways to remedy such non-compliance. An additional term shall be given to the winner of the competition to remedy such non-compliance.

12. If the winner fails to pay 20% of the licence fee within the period determined by a decision of the Commission, the Commission shall take a decision to refuse to issue a licence. In this case, the right of the licence applicant to participate in the competition shall be limited to two years.

Law of Georgia No 1516 of 2 June 2005 – LHG I, No 26, 6.6.2005, Art. 176

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 44 – Basis for the refusal to issue a licence

1. The Commission shall refuse to issue a licence if the licence applicant does not win the competition. The refusal to issue a licence shall be documented by a decision of the Commission on the identification of the winner of the competition.

2. The refusal of the Commission to issue a licence may be appealed to a court.

 

Article 45 – Modification of licences

1. The basis for the modification of licences may be:

a) the making of amendments and/or addenda to the legislation of Georgia or to the priorities in the field of broadcasting;

b) a reasonable request of the Commission and/or a licence holder to make amendments and/or addenda to the licence.

2. The Commission shall make a decision on the modification of licences as determined by this Law, within the time limits defined in the General Administrative Code of Georgia.

3. A licence for over-the-air broadcasting may not be modified if such modification causes the change of a licence type, or of the size of a coverage area defined in the licence. In this case, a new licence shall be issued as determined by law.

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 45¹ –Procedure of authorisation

1. A person intending to provide the community broadcasting, private broadcasting, university broadcasting or on-call audiovisual media services shall submit an application to the Commission, the form of which is approved by the Commission.

1 ^{​ 1} . A person seeking to provide video sharing platform services shall submit to the Commission an authorisation notification, the form of which is approved by the Commission. A person shall be deemed authorised and shall have the right to start providing (delivering) video sharing platform services from the day of submission of the authorisation notification to the Commission, under the procedure established by the legislation of Georgia.

1 ^{​ 2} . The Commission shall, within 5 working days after the person seeking to provide video sharing platform services submits the authorisation notification to the Commission, verify the compliance of the authorisation notification with the requirements of the legislation of Georgia and, if the authorisation notification complies with the requirements of the legislation of Georgia, it shall register that person in the departmental register of authorised persons.

1 ^{​ 3} . If the notification submitted to the Commission by a person seeking to provide video sharing platform services fails to comply with the requirements of the legislation of Georgia, the Commission shall identify the fault and shall fix a time limit of not less than 5 working days for this person to correct the fault. The Commission may extend the period for submission of additional information only once, by not more than 15 working days.

1 ^{​ 4} . If the person seeking to provide video sharing platform services corrects the fault, the Commission shall register him/her/it in the departmental register of authorised persons. If otherwise, the Commission shall dismiss the authorisation notification and shall explain to the person the consequences of conducting activities without authorisation.

2. The following information must be specified in the application of a person seeking authorisation for the activities in the field of broadcasting:

a) for a natural person – the first name and surname, date and place of birth, registration data, address and citizenship;

b) for a legal person under private law – company name, legal status, legal address (location), information on registration in the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, the first name and surname of an authorised representative, information about partners and the shareholders owning 5% or more than 5% of shares;

c) for a legal person under public law – identification data, and the first name and surname of an authorised representative;

d) the type, category and sub-category of broadcasting to be carried out, and the authorisation of which is requested by an authorisation applicant;

e) the language/languages of broadcasting;

f) a minimum duration of broadcasting within a 24-hour period; in the case of an over-the-air television broadcasting the minimum duration shall be 12 hours;

g) technology for ensuring broadcast distribution;

h) a proposed geographical coverage area for broadcasting;

i) a brief description of activities to be performed;

j) an estimated duration of broadcasting within a 24-hour period.

3. The following information must be specified in the application of a person seeking authorisation for on-call audiovisual media services:

a) for a natural person – the first name and surname, date and place of birth, registration data, address and citizenship;

b) for a legal person under private law – company name, legal status, legal address (location), information on registration in the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, the first name and surname of an authorised representative, information about partners, and the shareholders owning 5% or more than 5% of shares;

c) for a legal person under public law – identification data, and the first name and surname of an authorised representative;

d) the webpage address, and information about electronic communication networks and tools used for providing on-call audiovisual media services;

e) a brief description of the activities to be performed;

f) the subject matter of on-call audiovisual media services.

4. The following information must be specified in the authorisation notification submitted to the Commission by a person seeking to provide video sharing platform services:

a) for a natural person – the first name and surname, date and place of birth, registration data, address and citizenship;

b) for a legal person under private law – company name, legal status, legal address (location), information on registration in the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities, the first name and surname of an authorised representative, information about partners, and the shareholders owning 5% or more than 5% of shares;

c) for a legal person under public law – identification data, and the first name and surname of an authorised representative;

d) the data about the service, if the video sharing platform service is a part of another service, the data of the said service;

e) the details of an authorised contact person;

f) a description of the service, including information on the criteria based on which the service belongs to the video sharing platform services provided for by Article 2(r⁴) of this Law, and a means of the dissemination of services;

g) information on the criteria provided for by Article 1(7-9) of this Law, based on which this Law applies to the service;

h) the webpage address, and information about the tools used for providing (delivering) video sharing platform services;

i) other information provided for by the decision of the Commission on approving the form of the authorisation notification to be submitted by a person seeking to provide video sharing platform services .

5. The following must be attached to the application of a person seeking authorisation in the field of media services:

a) excerpt from the Registry of Entrepreneurs and Non-Entrepreneurial (Non-Commercial) Legal Entities; in the case of a natural person, a copy of a relevant identity document, and in the case of a legal person under public law, certified copies of the founding documents;

b) a declaration of compliance;

c) a plan for financing the activities to be carried out and information about the sources of financing;

d) a concept for audiovisual media services or broadcasting to be implemented;

e) for a natural person – the declaration of property of this person and his/her family members;

f) for a legal person under private law – a certificate of the authorised capital and its paid-in portion, a certificate of the assets and liabilities, information about the ownership and origin of the subscribed capital and assets, declarations of property of the partners/shareholders owning a significant share;

g) for a person intending to carry out university broadcasting – documentation provided for by sub-paragraphs a–d) of this paragraph, a document evidencing the authorisation, and information (if any) under sub-paragraph f) of this paragraph.

6. Within 10 working days after receiving an application, the Commission shall carry out authorisation of persons by registering authorised persons in its departmental register. The data on declarations of compliance shall also be entered into the departmental register of authorised persons and the declarations shall be available to any person.

7. If an application for authorisation and documentation attached thereto are not fully submitted, the Commission shall give an authorisation applicant an additional 5 working days to submit full documentation. If within this period of time the documentation is not submitted, authorisation shall not be granted. The failure to carry out authorisation shall not deprive a person of the right to apply to the Commission for the authorisation again. If within 10 working days after the application for authorisation is submitted, the Commission fails to give a time for submission of full documentation to an authorisation applicant, the authorisation applicant shall be deemed authorised.

8. An excerpt from the departmental register of authorised persons shall be issued to an authorised person within 3 working days.

9. If an authorised person ceases providing media services or video sharing platform services or if the authorised person intends to modify the authorised activity, including the variety, the authorised person shall provide a seven days prior notice thereof to the Commission. Information about ceasing the authorisation, and data on modifying the authorised activity, including the variety, shall be entered into the departmental register of authorised persons.

10. The authorisation shall be carried out for an indefinite term.

11. A persons shall have the right to commence provision (delivery) of media services from the date of his/her/its registration in the departmental register of authorised persons.

12. An authorised person shall:

a) comply with the applicable legislation of Georgia in the field of media services and video sharing platform services, including with the resolutions and decisions of the Commission; and in the case of amendments made in the applicable legislation of Georgia in the field of media services and video sharing platform services, ensure compliance of the authorised activity with the amendments;

b) comply with all the authorisation provisions contained in his/her/its authorisation application/authorisation notification submitted by it to the Commission;

c) when conducting his/her/its activities, protect the rights, freedoms and legal interests of persons, and provide prior notices to customers about possible changes in the service terms;

d) if it is a broadcaster, weekly publish and provide the Commission with the schedule of programmes for the upcoming week, indicating the titles and brief summaries of the programmes, and if an authorised person is an on-call audiovisual media service provider, it shall ensure that information about the programmes in its catalogues is published and provided to the Commission once in two weeks;

e) (Deleted – 30.6.2023, No 3448);

f) submit to the Commission documentation certifying the authority for transmitting the programmes, ensure that the documentation certifying the authority to transmit programmes is submitted to the Commission 10 days before commencing the activity defined by the authorisation.

13. A person authorised in Georgia must ensure easy and continuous accessibility of at least the following information on its webpage:

a) the name if the authorised person;

b) the legal address and actual address of the authorised person;

c) the contact details of the authorised person, including the email address, to ensure the possibility of fast and efficient contact with it;

d) information that the Commission is the competent regulatory body to which any person concerned may apply if an authorised person commits a violation provided for by the legislation of Georgia.

14. The Commission may suspend authorisation:

a) on the basis of a request of an authorised person for the period of time indicated by the authorised person;

b) on its own initiative, provided that the authorised person, for the period of more than one year:

b.a) has not carried out the authorised activity;

b.b) has not submitted to the Commission calculations of the regulation fee or has submitted a zero calculation;

b.c) has not paid the regulation fee;

c) on its own initiative, provided that the authorised person has violated the provisions of the legislation of Georgia and if a sanction has already been imposed on him/her/it for this violation in the form of a written warning and a fine.

15. The suspension of authorisation means prohibition of the authorised activity until it is renewed.

16. Authorisation shall be suspended:

a) for the term indicated by an authorised person;

b) until information on the renewal of media services and video sharing platform services is submitted to the Commission;

c) until the violation is eliminated.

17. If authorisation is suspended in the cases provided for in paragraphs 14(b) and (c) of this article, the authorised person shall be notified of the decision on the suspension of authorisation within 7 days after such decision is made, with an indication of the motive and ground for it.

18. If the authorisation is suspended in cases provided for in paragraphs 14(a) and (b) of this article, the authorisation of a media service provider shall be renewed from the moment that the Commission records the authorised person in the departmental register of authorised persons, the authorisation of a video sharing platform service provider shall be renewed upon expiry of the time limit specified by the authorised person for suspending the authorisation, or upon submission by that person of information on the renewal of authorisation to the Commission. In the case provided for by this paragraph, the Commission shall record the authorised person in the departmental register of authorised persons within three working days after receiving notification on the renewal of authorisation.

19. If authorisation is suspended in the case provided for in paragraph 14(c) of this article, the authorisation shall be renewed from the moment that the Commission records the authorised person in the departmental register of authorised persons within 7 days after the authorised person confirms the elimination of the violation.

20. If authorisation is suspended in the cases provided for in paragraph 14 of this article, the authorised person shall resume media services after sending a notification about the resumption of activities to the Commission following the registration in the departmental register of authorised persons and after the Commission issues an administrative act within three working days after the Commission receives such notification.

21. An authorisation shall be revoked:

a) on the basis of an application of an authorised person. In this case, the authorised person shall have fulfilled all legal liabilities to the Commission.

b) if an authorised person dies, or is liquidated.

22. The revocation of authorisation shall not impede a person from undergoing the re-authorisation under the procedure established by the law.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 5020 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 4547 of 3 May 2019 – website, 10.5.2019

Law of Georgia No 881 of 2 August 2021 – website, 4.8.2021

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Chapter IV¹ – On-call Audiovisual Media Services

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 45² – Obligations of on-call audiovisual media service providers in relation to persons with disabilities, minors and European products

1. An on-call audiovisual media service provider shall continuously and progressively ensure the placement of programmes adapted for persons with disabilities in its programme catalogue under the procedure established by the Commission.

2. If such programmes that may harm physical, mental and moral development of minors are broadcasted within on-call audiovisual media services, they must be made available in such a way that minors, as a rule, cannot see or listen to them. These programmes can be made available only with the relevant age marking. The rules for the age marking relevant to the programmes broadcasted within on-call audiovisual media services shall be determined by this Law and a subordinate normative act of the Commission.

3. An on-call audiovisual media service provider must allow not less than 30% of its catalogue of the offered programmes for European products, and must ensure that they are available in the programme catalogue in a visible place.

4. The obligation provided for by paragraph 3 of this article shall not apply to on-call audiovisual media service providers that have low income or sparse audience. For the purposes of this paragraph, the low income and sparse audience shall be defined according to the guidelines elaborated by the Commission.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Chapter IV² – Reception, Dissemination and Transit of Media Services

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 45³ – Reception and dissemination of Media Services

1. Free reception and unlimited dissemination of media services authorised/licensed in other states shall be permissible in the territory of Georgia.

2. The Commission may, on the basis of a relevant decision, temporarily refuse the dissemination of the media services provided for by paragraph 1 of this article in the territory of Georgia if the media service provider expressly and grossly violates the requirements of Articles 56¹ and 56² of this Law, poses a danger to the protection of public health and has committed a violation provided for by this subparagraph at least twice during the last one year.

3. The Commission must notify the media service provider in writing about the alleged violation and the measures the Commission intends to take if the violation provided for by paragraph 2 of this article is repeated again. The Commission must allow the media service provider to present its own opinion about the alleged violation at a Commission session both in writing and orally.

4. (Deleted – 30.6.2023, No 3448).

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Chapter IV³ – Video Sharing Platform Services

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 45⁴ – Obligations of video sharing platform service providers in relation to the dissemination of improper video clips, programmes and audiovisual advertising communication

A video sharing platform service provider shall take the measures provided for by this Law to protect public from the dissemination of a video clip, a programme or audiovisual advertising communication through the said platform:

a) that can harm physical, mental and moral development of minors;

b) that involves inducement to violence or hatred (the language of hatred) against a person or a group of persons on the grounds of  his/her or their disability, ethnic or social origin, gender, sex, gender affiliation, nationality, race, religion or faith, sexual orientation, skin colour, genetic characteristics, language, political or other opinions, belonging to a national minority, property, place of birth or age, except when it is necessary considering the context of the video clip, programme or audiovisual advertising communication and there is no intention to disseminate the language of hatred. The video clip, programme or audiovisual advertising communication may not be deemed as containing the language of hatred provided for by this subparagraph only due to its abusive or critical content;

c) the dissemination of which contains the elements of a crime defined by the Criminal Code of Georgia – an open call for terrorism, the dissemination of pornography knowingly that contains an image of a minor, racial discrimination or violation of the equality of rights of humans.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 45⁵ – Obligations of video sharing platform service providers in relation to audiovisual advertising communication

1. A video sharing platform service provider shall comply with the requirements provided for by paragraph 3 of this article in relation to the audiovisual advertising communication in the marketing, sale and organisation of which it deals.

2. A video sharing platform service provider shall take the measures defined by this Law to comply with the requirements provided for by paragraph 3 of this article in relation to the audiovisual advertising communication in the marketing, sale and organisation of which it deals.

3. Audiovisual advertising communication must meet the following requirements:

a) audiovisual advertising communication must be easily recognisable. Hidden audiovisual advertising communication shall be prohibited;

b) when broadcasting audiovisual advertising communication, the technique for impacting subconscious mind must not be employed;

c) audiovisual advertising communication:

c.a) must not encroach on human dignity;

c.b) must not contain or cause the inducement to discrimination on the grounds of sex, racial or ethnic origin, nationality, religion or faith, disability, age or sexual orientation;

c.c) must not contain the inducement to such behaviour that harms health or safety;

c.d) must not contain the inducement to such behaviour that inflicts serious harm to the environment;

d) all forms of audiovisual advertising communication of cigarettes and other tobacco products, and of electronic cigarettes and containers shall be prohibited;

e) audiovisual advertising communication of alcoholic beverages must not particularly address minors and it must not induce the excessive consumption of such beverages;

f) audiovisual advertising communication of medications and therapeutic agents sold upon medical prescription shall be prohibited;

g) audiovisual advertising communication must not inflict physical, mental or moral harm to minors; it must not contain direct appeal to minors for buying the product or service using their inexperience or trust; it must not directly induce them to persuade their parent or others to buy the advertised goods or services; it must not abuse the special relationship of minors towards their parents, teachers or other persons, and neither it must put minors in danger.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 45⁶ – Measures for fulfilling obligations of video sharing platform service providers

A video sharing platform service provider must take and elaborate the following measures and mechanisms in order to fulfil the obligations provided for by this Law:

a) inclusion of the requirements provided for by this Law in relation to user-generated video clips, programmes and audiovisual advertising communication in the terms and rules of service provision;

b) creation of a function which can allow users uploading the video clips to declare that the video clips contain audiovisual advertising communication as far as they know or should know about it;

c) creation and operation of transparent and convenient mechanisms for video sharing platform users so that a user notifies or reports to the video sharing platform service provider that the material has been placed in violation of this Law, and evaluates this material via the rating available on the said platform;

d) creation of such an operable system that could be used by a video sharing platform service provider to explain the results of the notifications and reports to the video sharing platform users;

e) creation of the age verification and parent control systems for video sharing platform users in relation to such material that may harm the physical, mental or moral development of minors;

f) elaboration and operation of transparent, easy-to-use and efficient procedures for considering user complaints and making appropriate decisions;

g) provision of efficient measures and tools for media literacy and raising of user awareness on the measures and tools.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 45⁷ – Appropriateness and proportionality of measures to be taken by video sharing platform service providers

1. Measures provided for by this Law to be taken by a video sharing platform service provider must be appropriate and proportional. The terms and the extent of the measures shall be defined in accordance with the nature of the material placed on the platform, and consideration shall be given to the presumable harm caused by the material placement, specifics of the group of persons to be protected, and the legitimate interests of the video sharing platform service providers, users uploading the material on the video sharing platform and of the public.

2. Adequacy of the measures to be taken by a video sharing platform service provider shall be evaluated by the Commission, including taking account of the size of this service provider, the nature of the service it offers and the number of users.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 45⁸ – Supervision over fulfilment of obligations by video sharing platform service providers

Supervision over fulfilment of the statutory obligations by a video sharing platform service provider shall be exercised by the Commission.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Chapter V – Community Broadcasting

 

Article 46 – Purpose of community broadcasting

1. Community broadcasting shall:

a) serve the community interests;

b) ensure participation of representatives of the community it serves in the broadcasting process;

c) ensure covering the opinions of minorities living within the respective service area.

2. The radio frequency spectrum for community broadcasting is allotted by the Commission.

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 47 – (Deleted)

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Chapter VI – Licence/Authorisation Provisions and their Content Requirements

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 48 – Licence/authorisation provisions

The licence/authorisation provisions are defined by the legislation of Georgia and by the obligations undertaken under a licence/authorisation application.

Law of Georgia No 1130 of 27 March 2009 – LHG I, No 9, 13.4.2009, Art. 30

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 48¹ – Transfer of a licence

The licence may be transferred to any other person only with the prior consent of the Commission.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 49 – Archive

All authorised persons/licence holders shall create an archive and keep the programmes, video clips and audiovisual advertising communication they have disseminated for not less than one month. If there is a dispute, the dispute-related programmes, video clips and audiovisual advertising communication shall be retained until the dispute is completed.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 50 – Code of conduct

1. The Commission shall, on the basis of consultations with media service providers, video sharing platform service providers and public representatives, adopt the Code of Conduct for media service providers and the Code of Conduct for video sharing platform service providers, through public administrative procedures.

2. Paragraph1 of this article shall not restrict the media service providers and video sharing platform service providers from developing, at their own initiative, jointly or separately, the rules of conduct during their performance of activities.

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 51 – Software

A broadcaster shall, where possible, allot a part of television time (except for the time allotted for news, sports events and games, advertisement, teletext and teleshopping) for European products. This part of time allotted for European products shall be used progressively, on the basis of relevant criteria by taking into account the informational, educational, entertainment and cultural obligations of the broadcaster towards its audience.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

[Article 51 – Facilitation of European products

1. A television broadcaster shall, where possible, ensure that the most portion of television time (except for the time allotted for news programmes, sports events and games, advertisement, teletext and teleshopping) is allotted for European products. This part of time allowed for European products shall be used progressively, on the basis of relevant criteria by taking into account the informational, educational, entertainment and cultural obligations of the broadcaster towards its audience.

2. A broadcaster must allow at least 10% of its television time (except for the time allotted for news programmes, sports events and games, advertisement, teletext and teleshopping), or alternately at least 10% of its budget must be allowed for programmes for European products created by the producers that are independent from the television broadcaster.

3. Under paragraph 2 of this article, proportionality of the allotment of television time for European products shall be observed if the television time is allotted for the products that are disseminated within 5 years after they are created.

4. This article shall only apply to the national broadcasters. (Shall become effective from 1 January 2024)]

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3449 of 30 June 2023 – website, 18.7.2023

 

Article 51¹ – Broadcasting of films by the broadcaster

1. Films produced in an unofficial language shall be broadcast only duplicated in the official language of Georgia by the broadcaster, except as defined by paragraph 2 of this article.

2. The Commission may determine the obligations for general and specialised broadcasters, on the basis of a resolution, to broadcast a film produced in an unofficial language (except for TV serials) in the language(s) of their original production in their weekly broadcasting network, without their duplication in the official language of Georgia, and with subtitling in the official language of Georgia. The resolution of the Commission shall also determine the procedure for the performance of commitments under this article by general and specialised broadcasters.

Law of Georgia No 1555 of 31 July 2009 – LHG I, No 24, 13.8.2009, Art. 135

Law of Georgia No 2672 of 26 February 2010 – LHG I, No 8, 10.3.2010, Art. 30

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 51² – Rights of persons with disabilities

1. An audiovisual media service provider and a person authorised for the broadcasting transit shall, continuously and progressively, make their own services more accessible for persons with disabilities through the implementation of proportional measures. The Commission shall establish the standards for persons with disabilities to access media services continuously and progressively.

2. An audiovisual media service provider and a person authorised for broadcasting transit must, once in 3 years, submit a report on the implementation of measures provided for by paragraph 1 of this article to the Commission.

3. An audiovisual media service provider and a person authorised for broadcasting transit shall make an action plan for providing persons with disabilities with access to their own services and shall submit it to the Commission once in 3 years.

4. A unified, and an easily and publicly accessible (including for persons with disabilities) online contact portal shall be set up at the Public Defender’s Office for Customer Interests under the procedure established by the Commission. Information shall be posted on the portal through which complaints regarding the accessibility of audiovisual media services for persons with disabilities can be accepted.

5. An audiovisual media service provider must, under the procedure established by the Commission, ensure dissemination of special information, including announcements about public communications and emergency situations in such a way that they are accessible for persons with disabilities.

6. The procedure for preparing and placing programmes adapted for persons with hearing impairments, the deaf, visually impaired and blind persons (by audio description, teletext service, subtitles and sign language), including the rights and obligations of broadcasters, persons authorised for the broadcasting transit and on-call audiovisual media service providers with regard to the preparation and placement of such programmes shall be established by the Commission.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 52 – Due accuracy and the right of reply

1. A broadcaster shall take all measures to ensure due accuracy of a fact stated (broadcasted) in a programme and correct a mistake on time.

2. A person concerned, whose legitimate interests, in particular, the reputation and name, have been encroached on due to an incorrect (false) fact stated (broadcasted) in the broadcaster’s programme, shall have the right of reply under the procedure established by this article.

3. A person concerned, within 10 days after making an initial statement (including after giving a fact), shall have the right to request the broadcaster concerned to allow him/her to ensure on his/her own the correction or refusal of the incorrect (false) fact stated in the initial statement using the proportional means and form on the air of the broadcaster, having the same duration as the initial statement and at nearly the same time when the initial statement was made.

4. The broadcaster may refuse the person’s right of reply if:

a) the request for correction or refusal of the fact has not been submitted within 10 days after the initial statement was made;

b) the initial statement refers to the public at large or the complainant is not an unambiguously identifiable person in the statement;

c) the correction or refusal of the fact is not directly linked with the initial statement or the length, form and content of the correction or refusal of the fact exceeds the limits that are necessary to correct or refuse the fact given in the initial statement using proportional means and form, or when the opinion rather than the fact expressed in the initial statement is corrected or refused;

d) the correction or refusal of the fact entails the imposition of civil liability on the broadcaster, involves defamation, elements of an administrative offence or crime, or obscenity;

e) the correction or refusal of the fact unreasonably concerns a third person;

f) the complainant fails to substantiate his/her/its legitimate interest.

5. The right of reply provided for by this article shall only exist when an incorrect (false) fact is stated (broadcasted) in a broadcaster’s programme and shall not apply to the broadcasting of an opinion/viewpoint.

6. The refusal of a broadcaster to the right of reply may be appealed to the Commission or a court.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 52¹ – (Deleted)

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 53 – Schedule and classification

1. Broadcasters shall weekly publish the next week’s programme schedule with indication of titles and brief summaries of programmes, and shall classify programmes, including films, by assigning categories and corresponding marks to them;

2. The criteria to be assigned to the film categories having harmful influence on minors are defined by the Code of Conduct.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 54 – Fairness and impartiality

1. Broadcasters are committed to ensuring accurate and fair coverage of facts, to clearly distinguishing a fact from an opinion and to identifying the author of an opinion.

2. Broadcasters are committed to ensuring due coverage of all significant and different opinions in news programmes related to the facts and events, without discriminating against any group or opinion.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

 

Article 55 – Pre-election debates

1. A general broadcaster shall broadcast pre-election debates during electoral campaigns taking place within its service area.

2. A general broadcaster, during electoral campaigns taking place within its service area, as well as the Public Broadcaster, shall ensure equal participation of all qualified candidates for election in election debates, without any discrimination.

[2. A general broadcaster, during electoral campaigns taking place within its service area, as well as the Public Broadcaster, shall invite all political parties to the pre-election debates, who have shown similar or better result than the parties participating in the debates of the previous parliamentary elections. (Shall become effective upon the acquisition of full powers by the Parliament of Georgia elected in the elections of 26 October 2024)]

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 6727 of 2 July 2020 – website, 3.7.2020

 

Article 55¹ – Political discussions broadcast on the air of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster

In the period between elections, the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster shall weekly broadcast programmes intended to hold political discussions on the most important developments in the country; the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster shall also ensure representation of political forces functioning within the Parliament of Georgia (factions) in a non-discriminatory manner, as well as representation of the political unions that are financed from the State Budget of Georgia.

Law of Georgia No 437 of 31 October 2008 – LHG I, No 31, 12.11.2008, Art. 207

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

 

Article 55² – Prohibition of dissemination of programmes and advertisements containing the language of hatred and call for terrorism

1. Dissemination of a programme or an advertisement involving inducement to violence or hatred (the language of hatred) against a person or a group of persons on the grounds of his/her or their disability, ethnic or social origin, gender, sex, gender affiliation, nationality, race, religion or faith, sexual orientation, skin colour, genetic characteristics, language, political or other opinions, belonging to a national minority, property, place of birth or age shall be prohibited, except when it is necessary considering the context of the programme and there is no intention to disseminate the language of hatred. The programme or the advertisement may not be deemed as containing the language of hatred provided for by this paragraph only due to its abusive or critical content.

2. Dissemination of a programme or an advertisement involving a call for terrorism shall be prohibited.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 56 – Programme restrictions

1. Any type of war propaganda is prohibited.

2. (Deleted – 22.12.2022, No 2482).

3. (Deleted – 22.12.2022, No 2482).

4. (Deleted – 19.10.2023, No 3597).

5. (Deleted – 19.10.2023, No 3597).

6. (Deleted – 19.10.2023, No 3597).

7. The procedure for the appropriate rating of broadcasted programmes and for the determination of airtime shall be established by this Law and the subordinate normative act of the Commission.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 5021 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

Law of Georgia No 3597 of 19 October 2023 – website, 3.11.2023

 

Article 56¹ – Protection of minors from harmful influence

1. The broadcaster shall protect minors from harmful information.

2. The broadcaster shall be banned from broadcasting a programme or placing a content in a programme, without the appropriate age mark and without fixed broadcasting time, that can harm the physical, psychological, intellectual and spiritual development of a minor, and his/her mental and physical health and socialisation.

3. Broadcasting of a programme or an advertisement containing pornography, and placement of such a programme or an advertisement encroaching on dignity and fundamental rights and freedoms of a human/citizen that contains obscenity, shall be prohibited. A programme or an advertisement provided for by this paragraph (except for a programme or advertisement encroaching on the fundamental rights and freedoms of a human) may only be place in an encrypted form, on the basis of an individual contract with a customer.

4. In order to determine categories, the broadcaster shall be obliged to apply criteria for categorisation of programmes provided for by Article 56² of this Law. The broadcaster shall also be obliged to place programmes in the broadcasting grid in accordance with the time constraints established by the same article.

5. The broadcaster shall be obliged to plan the broadcasting grid in the light of the following restrictions. The broadcaster shall not:

a) place programme material unsuitable for a minor under the age of 18 between 6 a.m. and midnight;

b) place programme material unsuitable for a minor under the age of 15 between 6 a.m. and 11 p.m.;

c) place programme material unsuitable for a minor under the age of 12 between 6 a.m. and 9 p.m.;

d) place programme material unsuitable for a minor under the age of 7 between 6 a.m. and 9 p.m.

6. Notwithstanding the obligation provided for by paragraph 5 of this article, if there is a high public interest, such a programme may be placed in the broadcasting grig only with an appropriate and clear warning that it contains material which is inappropriate for a minor of relevant age. The warning shall include a special permanent visual graphic sign through the duration of the broadcasted material, as well as written and acoustic warning before the start of the broadcast. 

7. A paid broadcast channel is authorised to place a programme material unsuitable for minors at any time of the day if there is a mandatory PIN-code protected system or other blocking system that provides access to the programme only to the authorised adult subscribers.

8. Failure to comply with the requirements of this Article shall result in the imposition of liability under this Law.

Law of Georgia No 5021 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5921 of 21 May 2020 – website, 25.5.2020

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

Law of Georgia No 3597 of 19 October 2023 – website, 3.11.2023

 

Article 56² – Criteria for categorisation of programmes

1. A programme (announcement) shall be considered unsuitable for a minor under the age of 18 if it contains contents showing:

a) the graphic representation of sexual act, sexual scene or sexual violence;

b) the scene of a sexual intercourse with the participation of a minor or in perverted form;   

c) the indecent action and/or violence or dangerous behaviour which are easy to imitate for a minor;

d) the scene of violence displayed in close-up shots (except for the cognitive and educational, historical, fantasy or comedy programmes);

e) the scene of using and producing drugs, or explanation how to use drugs and encouraging and promoting its consumption;

f) the scene of encouraging and promoting the use of tobacco and alcohol;

g) the explanation of drugs, injection device, the preparation technology of narcotic substances or the process of consumption;

h) the scene propagating self-mutilation or suicide, describing the process of suicide or means of suicide;

i) the scene representing the use of easily accessible household tools (knife, ax, etc.) for injuring or murdering;

j) the scene representing gambling, information for its promotion and incitement to gambling by creating the impression of winning easily;

k) the information that approves or idealises crime;

l) the material representing occultism or similar.

2. A programme (announcement) shall be considered unsuitable for a minor under the age of 15 if it contains contents showing:

a) the scene determined by paragraph 1 of this article;

b) the nudity with sexual context, scenes of sexual activities or its graphic representation;

c) the offensive language, except for the cases when it is approved by the context;

d) the terms that are related to the narcotic drugs and their consumption.

3. A programme (announcement) shall be considered unsuitable for a minor under the age of 12 if it contains contents showing:

a) the scene determined by paragraph 2 of this article;

b) the offensive language.

4. A programme (announcement) shall be considered unsuitable for a minor under the age of 7 if it contains contents determined by paragraph 3 of this article, as well as documentary or animation containing scenes that can have a strong negative effect on the age group.

Law of Georgia No 5021 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5921 of 21 May 2020 – website, 25.5.2020

 

Article 56³ – Prohibition of using personal data of minors for commercial purposes

Processing of personal data of a minor collected by media service and video sharing platform service providers or otherwise generated by them for commercial purposes shall be prohibited, including with the aim of direct marketing, by way of creating the minor’s profile based on the collected information, or of an advertising proposal involving goal-directed behaviour.

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 57 – Inadmissibility of subliminal influence

A media service provider shall not be allowed to broadcast such programmes or advertisements that can transmit information in the shortest period of time or in any other way, or influence the opinions of listeners and viewers by affecting their sub-consciousness using technical audio editing or visual editing,  so that they are not partially or  aware of such influence.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 58 – Major events

1. The Commission shall determine a list of major events on the basis of a public opinion poll and through public administrative procedures and shall publish it once every three years.

2. Only broadcasters licensed/authorised in accordance with this Law may broadcast major events in the official language (languages) of Georgia on an exclusive basis.

3. Exclusive broadcasting of major events shall be inadmissible, except for broadcasting of sports events, international festivals and contests. In these cases, exclusive broadcasting of major events is carried out by over-the-air broadcaster, the broadcasting network of which is available to at least 90% of the population of Georgia free of charge.

4. TV broadcasters who broadcast a major event for the coverage thereof in the news bulletins shall provide permission to other broadcasters to broadcast the major event under fair, reasonable and non-discriminatory conditions. The conditions for the permission to broadcast the major event shall be communicated on time to a person seeking the permission, before the major event takes place, so that it has sufficient time for broadcasting the major event.

5. If a TV broadcaster holds the exclusive right to cover a major event, the permission to cover that event in the news bulletins must be acquired in accordance with paragraph 4) of this article.

6. To provide permission to broadcast a major event in accordance with paragraph 4) of this article, TV broadcasters must be allowed to freely select short extracts from a signal provided by a TV broadcaster, with reference to at least their sources of information, except where it is practically impossible.

7. The short extracts must be used for the news release purposes only. The use of the short extracts within the framework of the on-call audiovisual media services shall be possible only when the same programme is offered by the on-call audiovisual media service providing broadcaster in the form of recording.

8. The duration of the short extracts from the signal provided by a TV broadcaster must not exceed 90 seconds. The TV broadcaster shall have the right to compensation for using the short extract. If this is the case, the amount of compensation must not exceed the amount of the additional expenses directly derived from the provision of the permission .

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 59 – News and social and political programmes

The Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and a general broadcaster are committed to broadcasting news and social and political programmes at prime time and to ensuring that the audience within their service areas is informed in a timely manner on current events in Georgia and worldwide.

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 59¹ – Response to violations

1. Response measures against violation of the provisions provided for by Articles 52, 54, 56 and 59 of this Law, and of the ethical norms and professional standards established by the Code of Conduct may be taken only within the broadcaster’s self-regulation mechanism defined by Article 14 of this Law.

2. Issues related to the interpretation of the provisions under Articles 52, 54, 56 and 59 of this Law, of the ethical norms and professional standards established by the Code of Conduct, and the decisions made within the broadcaster’s self-regulation mechanism defined by Article 14 of this Law may not be appealed to a court, the Commission or another administrative authority, except as provided for by Article 14(4) of this Law.

3. The commission shall react to the violation of the requirements of Article 56¹ or 56² in accordance with the procedures established by Chapter IX of this Law.

4. If the human rights are encroached on in violation of the requirements of Article 55² of this Law, the Commission may respond appropriately under the procedure established by Chapter IX of this Law.

Law of Georgia No 4319 of 29 December 2006 – LHG I, No 2, 4.1.2007, Art. 37

Decision No 1/3/421,422 of the Constitutional Court of Georgia of 10 November 2009 – LHG IV, No 82, 17.11.2009, p.1

Law of Georgia No 5021 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5921 of 21 May 2020 – website, 25.5.2020

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

Law of Georgia No 3597 of 19 October 2023 – website, 3.11.2023

 

Chapter VII – Property of Authorised Persons/Licence Holders

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 60 – Prohibition of the concentration of a broadcaster's property

1. A person may possess, independently or together with an interdependent person, not more than one general over-the-air television channel and one general over-the-air radio channel per service area.

2. A holder of a licence for the use of the radio frequency spectrum to provide the digital terrestrial television network under the Law of Georgia on Electronic Communications, may transit not more than five television broadcasters owned by one person or by a person interdependent with that person.

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

 

Article 61 – Transparency of property of authorised persons/licence holders

1. An authorised person/a licence holder shall annually publish and provide the Commission with the following information:

a) the declaration of compliance;

b) on authorisation for media services and video sharing platform services;

c) on holding of a share or stocks in entities providing media services and video sharing platform services;

d) on possessing a periodical print publication;

e) on holding of a share or stocks in a periodical print publication;

f) on possession of a news agency;

g) on holding of a share or stocks in a news agency;

h) on holding of another company or 5% or more than 5% of a share or  stocks in another company.

2. An authorised person/a licence holder shall submit information provided for by paragraph 1 of this article to the Commission not later than 1 February of the following year.

3. An authorised person/a licence holder shall also publish and submit to the Commission information if a holder of its share or stocks, a founder, another member, head, donor or their family member concurrently holds:

a) a share or stocks of another authorised person in the fields of media services and video sharing platform services;

b) a share or stocks in a periodical print publication;

c) a share or stocks in a news agency.

4. An authorised person/a licence holder shall publish the declaration of compliance on its website.

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 62 – Change in the property of authorised persons/licence holders

1. An authorised person/a licence holder shall submit to the Commission a declaration of compliance in the case of changing of owners of its shares and stockholders, members of management authorities and officials, within 10 days after the relevant change is made. It shall also publish the said information on its website.

2. The Commission shall take all measures to encourage pluralism of opinions in mass media as provided for by the legislation of Georgia and by international legal norms having legal effect in Georgia, to avoid prohibited concentration of the property of the authorised person/the licence holder arising as a result of the change.

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Chapter VIII – Advertisement, Teleshopping and Sponsorship

 

Article 63 – General provisions

1. The procedures determined by the Law of Georgia on Advertising shall apply to advertising, unless otherwise provided for by this Law.

2. The placement of improper, unfair, unreliable, unethical and clearly false advertisements or teleshopping is prohibited.

2¹. Advertisement of a tobacco product, tobacco accessory and/or a device designated for tobacco consumption shall be prohibited.

2². Advertisement of a game of chance, a betting house, a lotto game, a bingo, and of an organiser of a game of chance, an organiser of a betting house, an organiser of a lotto game and an organiser of a bingo, a sponsorship announcement and placement of a product (goods/services) in a programme shall be prohibited.

2³. The audiovisual advertising communication must be easily recognisable. Hidden audiovisual advertising communication shall be prohibited.

2⁴. War propaganda in any way shall be prohibited in an advertisement.

2⁵. Broadcasting of advertisements that encroach on human dignity, discriminate on the grounds of disability, ethnic origin, sex, nationality, race, religion or faith,  sexual orientation or age, and/or induce such discrimination shall be prohibited.

2⁶. Advertisements containing pornography may only be broadcasted in an encrypted form, on the basis of individual contracts with customers.

2⁷. Broadcasting of advertisements containing inducement to such a behaviour that inflicts serious harm to the environment shall be prohibited.

2⁸. Placement of advertisements inducing a conduct that is dangerous to the health and safety shall be prohibited.

3. A media service provider shall not be responsible for the content of pre-election and social advertisements. The responsibility for the content of pre-election and social advertisements shall rest with persons ordering such advertisements, under the procedure established by the legislation of Georgia.

4. Advertisements and teleshopping must be identifiable and clearly kept apart from a programme. Advertisements and teleshopping must be clearly separated from other parts by optical, audio and/or spatial parts.

5. Hosts or journalists of news, public and political and pre-election debate programmes may not participate in advertisements or teleshopping in any way.

6. Advertisements targeted to children, or in which children are participating, shall not abuse their interests.

7. Teleshopping shall not be intended for minors.

7¹. The requirements provided for by Article 8 of the Law of Georgia on Advertising shall apply to the teleshopping of alcoholic beverages. The requirements provided for by Article 9 of the Law of Georgia on Advertising shall apply to the teleshopping of pharmaceutical products.

8. Teleshopping may not be broadcasted on channels of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster, whereas sponsorship and commercial advertisement may be broadcast only in exceptional cases as defined by Article 64 of this Law.

8¹. Teleshopping may not be broadcasted by a broadcaster carrying out university broadcasting.

9. (Deleted – 19.2.2015, No 3088).

10. Advertisement or teleshopping may be broadcast on a broadcaster's channel between programmes, except on specialised advertising and teleshopping channels. Advertisement may also be placed within a programme as determined by this Law, so as to preserve the value of the programme.

11. Transmission of the following events and programmes may not be interrupted with advertisements and teleshopping:

a) official state events, official statements of highest political and public officials;

b) religious ceremonies;

c) programmes, including public and political, religious, and pre-election debate programmes, or documentaries that last less than 15 minutes.

12. In sports or artistic representations with natural breaks and in programmes dedicated to events conducted analogically, advertisements or teleshopping may be placed during natural breaks only.

13. A news programme may be interrupted with advertisement or teleshopping not more than once every 30 minutes.

14. Children's programmes that last less than 30 minutes may not be interrupted by an advertisement, while children's programmes that last more than 30 minutes may be interrupted by an advertisement once in 30 minutes. Children's programmes may not be interrupted by teleshopping.

15. A feature film or television film or a series of a film (except for TV serials and documentaries) that last more than 30 minutes may be interrupted with advertisement or teleshopping not more than once every 30 minutes.

16. During overlay advertising (including by using roller captions), restrictions regarding the time defined in this article shall not apply. The size of overlay shall not exceed 10% of the image area.

17. Placement by a media service provider of an advertisement of any product or service in a news programme shall be prohibited.

Law of Georgia No 4546 of 19 April 2011 – website, 5.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

Law of Georgia No 863 of 17 May 2017 – website, 30.5.2017

Law of Georgia No 4547 of 3 May 2019 – website, 10.5.2019

Law of Georgia No 1189 of 22 December 2021 – website, 28.12.2021

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 64 – Peculiarities of placing commercial advertisements and teleshopping

1. A commercial advertisement may not be placed on the channels of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster on holidays, and during the best air time – on other days, except within the framework of sports programmes, international festivals and contests, at the beginning, during a natural break and at the end of a competition programme. In the case of placing a commercial advertisement within the framework of sports programmes, international festivals and contests, at the beginning of, during a natural break and at the end of a competition programme, the duration of a commercial advertisement must not exceed 60 minutes within a 24-hour period, and 12 minutes (20%) per hour, and in other remaining cases, the duration of a commercial advertisement must not exceed 3 minutes per hour (5%).

1¹. Only sports programmes, international festivals/competitions, entertainment programmes and serials may be sponsored on the channels of the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster.

2. On a broadcaster's channel, except for specialised advertising channels and/or teleshopping channels, commercial advertisements and/or teleshopping spots shall be placed in the advertisement breaks in such a way that their volume within a period from 6 am till 6 pm will not exceed 20% of that period, and within a period from 6 pm till 12 am it will not exceed 20% of that period. This restriction shall not apply to statements of the broadcaster made with regard to its own and/or independent programmes, to products resulting from such programmes and products directly related thereto, or to sponsorship announcements and placement of a product (goods/service) in the programme, to programmes of interdependent broadcasters and with regard to audiovisual media services and to neutral frameworks that are placed between breaks of the programmes and advertisements or teleshopping, and between individual advertising breaks.

3. On a broadcaster's channel, except for specialised advertising channels and/or teleshopping channels, at least 15 continuous minutes shall be allotted to a teleshopping window, which is transmitted in the form of a broadcasting programme. Teleshopping window shall be clearly identifiable and distinguished from other programmes.

3¹. Separate commercial advertisements and teleshopping may not be placed on a broadcaster’s channel, except for broadcasting of sports events consisting of natural intervals.

4. (Deleted – 19.2.2015, No 3088).

5. (Deleted – 19.2.2015, No 3088).

6. (Deleted – 19.2.2015, No 3088).

7. (Deleted – 19.2.2015, No 3088).

8. (Deleted – 19.2.2015, No 3088).

9. (Deleted – 19.2.2015, No 3088).

10. (Deleted – 19.2.2015, No 3088).

11. (Deleted – 19.2.2015, No 3088).

12. (Deleted – 19.2.2015, No 3088).

Law of Georgia No 4416 of 2 March 2007 – LHG I, No 7, 2.3.2007, Art. 70

Law of Georgia No 4546 of 19 April 2011 – website, 5.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 65 – Social advertisement

1. A broadcaster shall allot at least 90 seconds every three hours to a social advertisement submitted for placement free of charge and without discrimination.

2. The Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and a community broadcaster shall allot at least 90 seconds in total per three hours for free and without discrimination to a social advertisement submitted for placement, at least 10 seconds of which the Public Broadcaster shall allot to a social advertisement related to the integration of Georgia into NATO and the European Union, provided that an appropriate advertisement video has been submitted. The Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and a community broadcaster shall deliver information on electoral subjects and significant election procedures to the public as a social advertisement during the electoral campaign taking place within their service areas. Information shall be accurate and contain the following data:

a) addresses of electoral precincts;

b) date of elections;

c) electoral procedural rights and obligations.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 156 of 26 December 2012 – website, 30.12.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 2759 of 31 October 2014 – website, 18.11.2014

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 1966 of 21 February 2018 – website, 5.3.2018

 

Article 66 – Pre-election advertisement

1. The Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and a community broadcaster shall broadcast a pre-election advertisement submitted by each qualified electoral subject for not more than 60 seconds per hour free of charge and without discrimination during the electoral campaign taking place within their service areas. The Public Broadcaster and Ajara TV and Radio of the Public Broadcaster shall allot time for the placement of pre-election advertisements of all other parties and electoral blocs, in addition to pre-election advertisements of qualified electoral subjects, and the pre-election advertisement time shall be equally distributed between these subjects. The time unused by the subjects may not be added to another time further allotted for these subjects.

2. The national broadcaster carrying out general broadcasting shall broadcast on its air a pre-election advertisement submitted by each qualified electoral subject for at least 90 seconds every three hours free of charge and without discrimination during the electoral campaign held at the time of general elections. The time unused by the electoral subjects may not be added to another time further allotted for these subjects.

3. Broadcasters, except for those referred to in paragraphs 1 and 2 of this article, are committed to placing a pre-election advertisement free of charge for the last 30 days before an election day if, during the electoral campaign taking place within their service areas, the broadcasters place a paid pre-election advertisement of electoral subjects under Article 30(12) of the Organic Law of Georgia on Political Unions of Citizens. In such case, to place a pre-election advertisement free of charge, the broadcaster shall allot at least three times the total time of the above paid pre-election advertisement time disseminated by him/her/it and place within that time the pre-election advertisements submitted by electoral subjects without discrimination and as determined by Article 51 of the Organic Law of Georgia – the Election Code of Georgia. The free advertising time unused by the subjects may not be added to another time further allotted for these subjects.

[1. The Public Broadcaster, Ajara TV and Radio of the Public Broadcaster, and a community broadcaster shall broadcast a pre-election advertisement submitted by each qualified electoral subject for not more than 60 seconds per hour free of charge and without discrimination during the electoral campaign taking place within their service areas. The Public Broadcaster and Ajara TV and Radio of the Public Broadcaster shall allot time for the placement of pre-election advertisements of all other parties, in addition to pre-election advertisements of qualified electoral subjects, and the pre-election advertisement time shall be equally distributed between these subjects. The time unused by the subjects may not be added to another time further allotted for these subjects.

2. The national broadcaster carrying out general broadcasting shall broadcast on its air a pre-election advertisement submitted by each authorised party for at least 90 seconds every three hours free of charge and without discrimination during the electoral campaign held at the time of general elections. The time unused by the electoral subjects may not be added to another time further allotted for these subjects.

3. Broadcasters, except for those referred to in paragraphs 1 and 2 of this article, are committed to placing a pre-election advertisement free of charge for the last 30 days before an election day if, during the electoral campaign taking place within their service areas, the broadcasters place a paid pre-election advertisement of electoral subjects. In such case, to place a pre-election advertisement free of charge, the local or cable broadcaster shall allot 7.5 minutes every 3 hours for placing pre-election advertisement free of charge and shall place equally and non-discriminatory pre-election advertisements submitted to it by each authorised party. The free advertising time unused by the subjects may not be added to another time further allotted for these subjects. (Shall become effective upon the acquisition of full powers by the Parliament of Georgia elected in the elections of 26 October 2024)]

4. If parties, after joining an election bloc, have already used free airtime before their integration into the election bloc, the free advertising time used by them (except for the duration of free advertising time of the party No 1 of the bloc) shall be deducted from free airtime to be allotted to the bloc, as to an electoral subject, after the establishment of the bloc.

[4. (Deleted). (Shall become effective upon the acquisition of full powers by the Parliament of Georgia elected in the elections of 26 October 2024)]

5. The obligation to allot free advertising time under this article shall apply only to local broadcasters during the midterm elections.

6. The political and/or pre-election advertisement shall be accompanied with sign language interpretation, which is to be provided by the person placing the advertisement.

7. For the purposes of this article, a qualified electoral subject is a qualified electoral subject defined by Article 51 of the Organic Law of Georgia – the Election Code of Georgia.

[7. (Deleted). (Shall become effective upon the acquisition of full powers by the Parliament of Georgia elected in the elections of 26 October 2024)]

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 2094 of 7 March 2014 – website, 14.3.2014

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 6727 of 2 July 2020 – website, 3.7.2020

 

Article 66¹ – Inadmissibility to finance broadcasters

1. Administrative bodies, political parties, officials and public servants may not finance broadcasters, and may not procure their services and finance or co-finance, directly or indirectly, the production of and broadcasting of  programmes, except as provided for by paragraphs 2 and 3-5 of this article, as well as cases of the funding or co-financing of the educational, cultural, public safety and law enforcement programs of a broadcaster.

2. Administrative bodies may procure a broadcaster’s service only for placing a social advertisement beyond the minimum time limit defined by Article 65 of this Law to disseminate important information to the public and only provided that this is included in a separate clause in their budgets. In such case, if an administrative body is a contracting authority in accordance with the Law of Georgia on State Procurement, the procurement shall be carried out as determined by the Law of Georgia on State Procurement.

[2. Administrative bodies may procure a broadcaster’s service only for placing a social advertisement beyond the minimum time limit defined by Article 65 of this Law to disseminate important information to the public and only provided that this is included in a separate clause in their budgets. In such case, if an administrative body is a contracting authority in accordance with the Law of Georgia on Public Procurement, the procurement shall be carried out as determined by the Law of Georgia on Public Procurement. (Shall become effective from 1 January 2025)]

2¹. If an administrative body and a broadcaster fail to reach an agreement about whether the material provided to the broadcaster by the administrative body is a social advertisement and/or whether it contains information which is important for the public, the Commission shall settle the dispute within 10 days after one of the parties files an application with the Commission as determined by the General Administrative Code of Georgia.

3. Electoral administration may procure a broadcaster’s service only for the preparation and/or broadcasting of information provided for by electoral legislation.

4. University broadcasting carried out by a higher educational institution shall be funded by its own resources, including by the revenues gained through economic activities.

5. An administrative body shall be authorised to finance additional expenses paid by a broadcaster for adapting the entertainment/informative TV programmes for persons with disabilities after the programme’s release over the air. In this case, the broadcaster must submit to the administrative body and the Commission a report on the additional expenses related to the adaptation of the programme for persons with disabilities, to which it must attach the initial financial documents (an invoice, an acceptance certificate, a contract, etc.). The Commission must carry out monitoring and confirm that the entertainment/informative TV programme broadcasted over the air complied with the guidelines of the Commission for preparation and placement of programmes for persons with disabilities using the sign language, subtitles and audio description.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 1254 of 20 September 2013 – website, 2.10.2013

Law of Georgia No 2759 of 31 October 2014 – website, 18.11.2014

Law of Georgia No 4547 of 3 May 2019 – website, 10.5.2019

Law of Georgia No 6345 of 12 June 2020 – website, 15.6.2020  

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 2550 of 9 February 2023 – website, 27.2.2023

 

Article 67 – Inadmissibility of sponsorship

1. Administrative bodies, members of collegial administrative bodies or public servants, political parties, leaders or officials of political parties, coalitions or blocs of political parties or any other electoral subjects may not be sponsors of programmes.

2. Programmes may not be sponsored by natural or legal persons, whose main activity is the production of products or provision of services, the advertising of which is prohibited by the Law of Georgia on Advertising.

3. In the case of sponsorship, it shall be inadmissible to directly appeal to the acquisition, supply and consumption of goods/services by a specific reference to those goods and/or services.

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

 

Article 68 – Identification of sponsored programmes

Sponsors are clearly indicated in programmes partially or fully financed by sponsors by using their names, trade or identification marks at the beginning, in the middle and/or at the end of the programme.

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

 

Article 69 – Prohibition of influence of a sponsor and provider of advertisement on the content and length of the programme

1. A sponsor or a provider of advertisements may not influence the content and duration of a programme financed by him/her or interfere in the editorial independence and responsibility of a media service provider.

2. The following programmes may not be sponsored:

a) news programmes (except for sports round-ups and weather forecasts if they are broadcast as separate parts of programmes);

b) programmes on political topics;

c) programmes on consumer rights, electoral programmes or programmes directly related to electoral campaigns.

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 69¹ – Placement of products (goods/services) in programmes

1. Products (goods/services) may be placed in programmes, except as provided for by paragraph 2 of this article.

2. Products may not be placed in:

a) news programmes;

b) programmes regarding consumers’ rights;

c) religious programmes;

d) children’s programmes.

3. Products (goods/services) must be placed in a programme so as not to:

a) have an influence on the content of the programme and on its placement in the programme schedule – in the case of broadcasting, or on its placement in the catalogue – in the case of on-call audiovisual media services, including on the editorial independence and responsibility of the broadcaster;

b) contain a direct appeal to purchase the product;

c) exaggerate the importance of the product.

4. The placement of products (goods/services) in a programme shall be clearly identifiable. The placement of products (goods/services) shall be clearly indicated at the beginning and the end of the programme, and after each advertisement break or other breaks, in which products (goods/services) are placed. This requirement shall not apply to independent programmes placed by a broadcaster in a broadcasting network and/or placed by an on-call audiovisual media service provider within the framework of its services.

5. Placement of medications and medical products, which are dispensed on prescription, in programmes shall be prohibited.

6. Products, advertising of which is prohibited by the Law of Georgia on Advertising, may not be placed in programmes.

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Chapter IX – Accountability and Sanctions

 

Article 70 – Accountability

1. A media service provider shall ensure compliance of the programmes, advertisements and information about sponsors broadcasted/disseminated by it with the legislation of Georgia and licence/authorisation terms. A video sharing platform service provider shall take measures under this Law that allow it to ensure compliance of the programmes, user-generated video clips and audiovisual advertising communication broadcasted/disseminated by it with the legislation of Georgia.

2. Supervision of compliance of the activities of media service and video sharing platform service providers with the legislation of Georgia and its control shall be exercised only by the Commission, except for the supervision and control exercised by tax and law enforcement authorities within their powers.

3. A national broadcaster shall maintain accounting records and financial reporting in accordance with the Law of Georgia on Accounting, Reporting and Audit. Accounting and financial reporting must comply with the International Standards of Accounting and Reporting.

4.An authorised person/a licence holder shall, before 1 May of each year, submit to the Commission and publish on its official website a report of the previous year on the fulfilment of requirements of the legislation of Georgia, authorisation/licence terms and the Code of Conduct, and on the sources of financing. A broadcaster must attached an auditor’s opinion to the report.

5. The national broadcaster shall, before 1 May of each year, forward to the Commission information about its assets and liabilities of the previous year, and about investments made in the previous year (indicating the amount of investments and the investors).

6. The Commission shall prepare an electronic form for reporting by a media service provider and an electronic form for reporting by a video sharing platform service provider. The electronic reporting form of a media service provider shall, in addition to other information defined by this Law, contain information about the sources of financing of a media service provider, including separately about the revenues received from advertising, sponsorship, and teleshopping and from contributions made by an audiovisual media service provider or by any other person. This reporting form shall also include information about services rendered to a media service provider, including information on paid or free services provided by its owner or any other person. The electronic reporting form of a video sharing platform service provider must include the data about the services rendered by the video sharing platform service provider, the revenues received and the measures under this Law taken by it, and other information defined by the Commission. A media service provider and a video sharing platform service provider shall submit the respective electronic reporting form to the Commission before the 15^th day of the following month after the end of each quarter.

7. The Commission shall, within seven days after the reporting forms are received, publish the reporting forms determined by paragraph 6 of this article and completed by the media service and video sharing platform service providers.

8. The Commission shall make public the identity of a person who, over a period of the last three months, has placed advertisements or teleshopping in, provided sponsorship or services or made contributions to the media service and video sharing platform service providers in excess of GEL 7 000.

9. The Commission shall be authorised to request, and media service and video sharing platform service providers shall have the obligation to provide the Commission in full, and within the defined period of time, with information about their activities required with regard to  the fulfilment of the tasks and functions provided for by this Law and normative acts of the Commission, including about the fulfilment of requirements of the legislation of Georgia, licence/authorisation terms and the Code of Conduct, and with documentation certifying the fulfilment of requirements of the legislation of Georgia on copyright and related rights. Submission of incorrect or incomplete information to the Commission shall be considered a failure to submit information. The media service and video sharing platform service providers must submit the requested information to the Commission within 15 days after the request is made, unless another time limit is set by the Commission. The Commission shall be authorised, if the requirements of the legislation of Georgia and the licence/authorisation terms are not fulfilled, to apply sanctions established by the legislation of Georgia.

10. Information on a criterion according to which the jurisdiction provided for by Article 1 of this Law applies to media service and video sharing platform service providers shall be entered in the departmental register of the Commission. The media service and video sharing platform service providers shall inform the Commission about any change that may affect the definition of the competence provided for by Article 1 of this Law, within not later than one month after such change is made.

Law of Georgia No 4319 of 29 December 2006 – LHG I, No 2, 4.1.2007, Art. 37

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 71 – Sanctions

1. If a media service provider or a video sharing platform service provider violates the legislation of Georgia, fails to fulfil a decision of the Commission, or violates the licence/authorisation terms, the Commission shall review the appropriate matter. In the case the fact of violation is confirmed, the Commission shall give the offender a written warning. The purpose of imposing a sanction by the Commission shall be the elimination or the prevention of the violation. The Commission shall fix a reasonable period of time for the offender to eliminate the violation or to carry out measures for its prevention.

2. (Deleted – 30.6.2023, No 3448).

3. The Commission shall impose a fine on the media service and video sharing platform service providers if they fail to eliminate the violation referred to in the warning under paragraph 1 of this article, or if they fail to fulfil the decision of the Commission within the period of time specified in the warning, or if they commit another violation within one year after they receive that warning.

4. (Deleted – 30.6.2023, No 3448).

5. The Commission shall solely have the right to suspend the licence/the authorisation or to revoke the licence/the authorisation .

(the normative content of Article 71(4) and (5), which provides for a possibility of imposing a sanction on a broadcaster for the delivery of unsafe information/material for minors during live broadcasting under the conditions when the broadcaster, irrespective of all possible precautionary measures taken in the circumstances concerned, failed to foresee and was unable to foresee the possibility of such material being broadcasted over the air, has been invalidated) – Decision No 1/1/1537 of the Constitutional Court of Georgia of 22 February 2023 – website, 27.2.2023

6. (Deleted – 30.6.2023, No 3448).

7. A decision of the Commission on issuing a warning, imposing a fine, suspending a licence/authorisation or revoking a licence/authorisation may be appealed to a court as determined by the Administrative Procedure Code of Georgia. A licence holder/authorised person may claim compensation for damages caused due to unlawful suspension of a licence/authorisation or unlawful revocation of a licence/authorisation. The amount of compensation shall be determined by a court.

Law of Georgia No 1516 of 2 June 2005 – LHG I, No 26, 6.6.2005, Art. 176

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 4319 of 29 December 2006 – LHG I, No 2, 4.1.2007, Art. 37

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 5020 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 5021 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5921 of 21 May 2020 – website, 25.5.2020

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Decision No 1/1/1537 of the Constitutional Court of Georgia of 22 February 2023 – website, 27.2.2023

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 72 – Amount of a fine and its payment procedure

1. In the case provided for by Article 71 of this Law, the Commission may impose a fine on the offender in the amount of not more than 0.5% of its annual income but not less than GEL 2 500.

2. If after a media service provider or a video sharing platform service provider is fined, it continues to repeatedly commit a violation and/or if it commits another one-off violation within one year after being fined, the Commission may impose a fine on the offender of not more than 1% of its annual income but not less than GEL 5 000, or initiate public administrative proceedings for suspending the licence/authorisation.

3. If a media service provider or a video sharing platform service provider continues to repeatedly commit a violation after being fined for the second time, and/or after being fined for the second time but within one year after being fined for the first time, in the case of each new one-off violation, the Commission may impose a fine on the offender of not more than 3% of its annual income but not less than GEL 10 000, or initiate public administrative proceedings for suspending the licence/authorisation.

4. A media service provider or a video sharing platform service provider shall be notified of a decision on the imposition of a fine with indication of the motives and grounds for making such decision, within seven days after the decision is made.

5. The fine must be paid within one month after the decision on the imposition of a fine is delivered to the media service provider or the video sharing platform service provider.

6. If the media service provider or the video sharing platform service provider fails to comply with the decision on the imposition of a fine, the decision shall be enforced by the Legal Entity under Public Law within the governance of the Ministry of Justice of Georgia – the National Bureau of Enforcement. The sum of a fine shall be transferred to the State Budget of Georgia.

Law of Georgia No 215 of 15 July 2008 – LHG I, No 17, 28.7.2008, Art. 131

Law of Georgia No 4546 of 19 April 2011 – website, 5.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

 

Article 73 – Suspension of a licence

1. The suspension of a licence means the prohibition of licensed activity until the licence is renewed.

2. The Commission shall consider the issue of suspending a licence if a licence holder violates the requirements of the legislation of Georgia or licence provisions and a written warning or fine has been already applied as a sanction against that licence holder.

3. A licence is suspended until the violation under paragraph 2 of this article is eliminated, but not later than within three months after a decision on the suspension of the licence is made.

4. A license holder shall be notified in writing of a decision to suspend a licence, indicating the motive and grounds for the suspension, within seven days after the decision is made.

5. The licence shall, on the basis of an application of the licence holder, be renewed based on a decision of the Commission, after the violation for which it has been suspended is eliminated.

Law of Georgia No 4319 of 29 December 2006 – LHG I, No 2, 4.1.2007, Art. 37

 

Article 74 – Revocation of a licence

1. The grounds for revocation of a licence shall be:

a) a request of a licence holder;

b) the death (liquidation) of a licence holder;

c) the termination of licensed activity by a licence holder for more than three consecutive months or for 120 days within one year;

d) the expiration of the period of suspension of a licence, provided that the licence holder fails to eliminate the violation specified by the Commission;

e) failure to commence licensed activity within the period determined by a decision of the Commission.

2. Only the Commission may revoke licences.

3. If the period of validity of a licence expires, the licence shall be considered to be revoked.

4. A licence holder shall be notified of a decision to revoke a licence within seven working days.

 

Chapter X – Using Radio Frequencies

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

 

Article 75 – Using radio frequencies

1. Broadcasting frequencies (channels) shall be specified for private and/or community broadcasting licence holders carrying out over the-air broadcasting on the basis of private and/or community broadcasting licences.

2. The Commission shall grant radio frequencies to a broadcaster for using them as ancillary technology during the broadcasting period. A broadcaster (except for the Public Broadcaster and Ajara TV and Radio of the Public Broadcaster) shall pay a fee for using a radio frequency spectrum in order to obtain the right of using the radio frequency spectrum for using it as ancillary technology. When a licence is suspended/an authorisation is suspended and renewed, the application of radio frequencies granted by the Commission shall also be suspended and renewed.

3. (Deleted – 23.12.2017, No 1928).

4. Using the radio frequency spectrum without a licence or without being assigned a radio frequency spectrum is prohibited and punishable in accordance with the Administrative Offences Code of Georgia.

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 833 of 12 July 2013 – website, 25.7.2013

Law of Georgia No 3691 of 12 June 2015 – website, 15.6.2015

Law of Georgia No 1928 of 23 December 2017 – website, 11.1.2018

 

Chapter XI – Transitional and Final Provisions

 

Article 76 – Transitional and final provisions

1. The members of the Commission appointed by the time of the entry of this Law into force shall retain their office for the term for which they have been appointed. Other members of the Commission shall be appointed as determined by this Law, immediately after this Law enters into force.

2. The Commission shall adopt a Code of Conduct by 1 January 2009.

3. (Deleted).

4. The Commission shall, within two years after the entry of this Law into force, bring its normative acts into compliance with this Law.

5. The Legal Entity under Public Law – the Georgian Television and Radio Broadcasting shall, after the entry into force of this Law and until the Board of Trustees of the Public Broadcaster is appointed, be re-organised as the Public Broadcaster. The Government of Georgia shall ensure the transfer of state property in the use of the Legal Entity under Public Law – the Georgian Television and Radio Broadcasting to the Public Broadcaster within one month after the entry of this Law into force.

6. The Government of Georgia shall ensure the transfer of those technical means available on the balance sheet of the Georgian TeleRadioCentre Ltd into the ownership of the Public Broadcaster, by which broadcasting of television and radio programmes of the Legal Entity under Public Law – the Georgian Television and Radio Broadcasting of Georgia only is ensured.

7. The Georgian TeleRadioCentre Ltd shall ensure that the Public Broadcaster and all broadcasting licence holders have non-discriminatory, equal, and direct access to every free element of technical means and services with cost-oriented and non-discriminatory tariffs. The Commission shall consider disputes arising due to the non-performance of the above conditions.

8. Initial selection of candidates for membership on the Board of Trustees shall be carried out in compliance with the procedures determined by this Law. The competition shall be announced within three months after the entry of this Law into force, on the basis of a decree of the President of Georgia.

9. In accordance with Article 9(10) and Article 25(7) of this Law, in 2005, the President of Georgia shall nominate not less than two candidates for each vacant position of a member of the Commission and not less than two candidates for each vacant position of a member of the Board of Trustees to the Parliament of Georgia.

9¹. The provisions of Article 9(13) and Article 26(3) shall not apply to the procedures for selecting candidates for membership of the Commission and of the Board of Trustees in 2005. If all vacant positions of members of the Commission and the Board of Trustees cannot be filled in accordance with Articles 9, 25 and 26 and Article 76(8) of this Law, the President of Georgia may, within 50 days, nominate candidates to the Parliament of Georgia from the list of candidates who have been nominated and who have submitted applications for participating in the competition announced in accordance with paragraphs 1 and 8 of this article. Furthermore, any candidate may be nominated, except for a person who had more opponents than supporters when put to a vote during the first nomination to the Parliament of Georgia. In the case of a nomination in accordance with this paragraph, if a candidate receives more votes than other candidates, but not less than one third of the votes of the members of the Parliament of Georgia on the current nominal list, the appointment of this candidate shall be deemed approved.

10. Lots shall be cast among the appointed members of the Board of Trustees after the entry of this Law into force, on the basis of which terms of office of the trustees shall be determined in the following manner: one third of the trustees shall be appointed for a term of two years, one third for a term of four years and one third of the trustees shall be appointed for a term of six years.

11. The Commission shall adopt a resolution on local broadcasting area distribution before 1 July 2006.

12. The Commission shall modify the issued licences in order to bring them into compliance with legislation within one year after the entry of this Law into force, including with regard to the obligations of broadcasters.

13. Within two years after the entry of this Law into force the Commission shall modify those licences, the coverage areas of which are less than those defined by the resolution of the Commission on local broadcasting area distribution.

14. Any kind of prohibition under Article 45(3) of this Law regarding the modification of licences that causes changes in the size of a coverage area, shall enter into force after the fulfilment of obligations under Article 76(11).

15. Obligations of private broadcasting and community broadcasting licence holders related to the placement and duration of advertisements and teleshopping under Article 64(4)(d) and (e), Article64(8-10), Article 65(1) and Article 66(1) of this Law shall come into force within five years after the entry of this Law into force. In the case of contradictions between this Law and the Law of Georgia on Advertising, the provisions of this Law shall apply to the Public Broadcaster.

16. The Parliament of Georgia shall ensure conformity of the Law of Georgia on Advertising with this Law within one year after the entry of this Law into force.

17. Before 1 January 2011, the Government of Georgia shall privatise the state-owned share in legal entities under private law that hold licences in the field of broadcasting and that have been established by the participation of the State, or shall liquidate relevant legal persons as determined by the legislation of Georgia.

18. Within six months after the entry of this Law into force, the legal entities under public law carrying out television and radio broadcasting (except for the Legal Entity under Public Law – the Georgian Television and Radio Broadcasting and the state television of the Autonomous Republic of Ajara) shall be re-organised into legal entities under private law, and during the
following six months the state-owned share in authorised capital shall be privatised as determined by the legislation of Georgia.

19. The Government of Georgia shall prepare proposals for the re-organisation of the state television of the Autonomous Republic of Ajara not later than 1 November 2011.

20. From the entry of this Law into force until 1 January 2006, financing of public broadcasting shall be implemented in accordance with the law of Georgia on the State Budget of Georgia for 2005.

21. (Deleted).

22. Within five years after the entry of this Law into force, instead of limitation of broadcasting for not less than 90% of population established by Article 2(a) and (h), Article 40(2) and Article 58(2) of this Law, limitation of broadcasting for not less than 70% of population shall apply.

23. (Deleted).

24. If this Law establishes a procedure for issuing licences in the field of broadcasting and for inspecting the performance of licence provisions, which is different from the procedure defined by the Law of Georgia on Licences and Permits, and if a different form and/or extent of liability is established, this Law shall be applicable.

25. (Deleted – 22.5.2012, No 6256).

26. A radio frequency granted on the basis of a licence and/or assigned under a decision of the Commission may be changed within the period of validity of the licence and/or the period defined by a decision of the Commission in agreement with the licence holder. If damage has been caused to a person as a result of changing the radio frequency, the amount of compensation of the damage shall be defined by the Commission on the basis of an independent audit’s report and the payment conditions and payment form shall be defined on the basis of mutual agreement.

27. Broadcasters shall ensure the fulfilment of requirements under Article 14(1) of this Law before 1 July 2007.

28. The Commission shall adopt the resolution under Article 51¹ of this Law before 1 September 2009.

29. Licence holders in the field of broadcasting shall ensure the performance of requirements defined in this Law not later than 1 January 2012 and submit declarations of compliance to the Commission, and publish the declarations of compliance on their websites.

30. For broadcasters whose licences for over-the-air television broadcasting expire before 17 June 2015, the period of validity of these licences shall be extended by a decision of the Commission, through simple administrative proceedings until 17 June 2015, the date when Georgia shifts to digital terrestrial television broadcasting. In this case, the broadcaster shall pay a licence duty and the initial amount of the licence fee established for the moment of extending a licence, which is directly proportional to the period of validity of the licence.

31. Indication to a sponsor in a programme partially or fully financed by the sponsor and in the broadcaster's statement regarding its own and/or independent programmes shall be concise and shall not exceed four minutes within a broadcasting hour.

32. A news programme under Article 63(13) of this Law may be interrupted with advertisement and teleshopping not more than once every 15 minutes.

33. Before 15 January 2016 the Commission shall establish guidelines on indicating sponsors in accordance with the Directive 2010/13/EU (Audio visual Media Services Directive) of the European Parliament and the Council of 10 March 2010 on the coordination of certain provisions provided for by laws, regulations or administrative actions of the Member States concerning the provision of audio visual media services, and taking into account the practices existing in the Member States of the European Union.

34. Validity of a licence, the validity period of which extended under Article 39 of this Law expires before 31 December 2025, shall be extended for free until 31 December 2026, by a decision of the Commission made as a result of the simple administrative procedure. In such a case, a licence holder must apply to the Commission for the extension of the validity period of the licence one month before the validity period of the licence expires.

35. The Commission shall, before 1 January 2025, establish the procedure for the preparation and placement of programmes adapted (by audio description, teletext service, subtitles and sign language) for persons with disabilities.

36. A media service provider and a person authorised for the broadcasting transit shall, before 1 January 2029, ensure equal access to the placed programmes for persons with disabilities.

37. The Commission shall, before 1 July 2024, adopt the Code of Conduct for on-call audiovisual media service providers and video sharing platform service providers. Before adoption of this act, the obligations provided for by Article 14 of this Law shall not apply to on-call audiovisual media service providers, and the obligations to take measures provided for by Article 45⁶ of this Law shall not apply to video sharing platform service providers.

38. The Commission shall, before 1 July 2024, develop guidelines on identifying an audiovisual media service provider with small audience and/or low income to exempt it from the obligation relating to European products. Before the guidelines are developed, the obligation relating to European products shall apply to an on-call audiovisual media service provider.

39. (Deleted – 30.6.2023, No 3448).

40. The Commission shall, before 1 July 2024, establish the procedure for operating an online portal on continuous and progressive access to media services for persons with disabilities and on access to audiovisual media services for the said persons.

41. (Deleted – 30.6.2023, No 3448).

Law of Georgia No 1475 of 20 May 2005 – LHG I, No 23, 25.5.2005, Art. 160

Law of Georgia No 2565 of 28 December 2005 – LHG I, No 4, 18.1.2006, Art. 35

Law of Georgia No 4319 of 29 December 2006 – LHG I, No 2, 4.1.2007, Art. 37

Law of Georgia No 4611 of 11 April 2007 – LHG I, No 14, 18.6.2007, Art. 113

Law of Georgia No 6011 of 21 March 2008 – LHG I, No 9, 4.4.2008, Art. 76

Law of Georgia No 66 of 27 June 2008 – LHG I, No 12, 14.7.2008, Art. 88

Law of Georgia No 889 of 26 December 2008 – LHG I, No 40, 29.12.2008, Art. 293

Law of Georgia No 1555 of 31 July 2009 – LHG I, No 24, 13.8.2009, Art. 135

Law of Georgia No 2471 of 25 December 2009 – LHG I, No 50, 31.12.2009, Art. 397

Law of Georgia No 4525 of 8 April 2011 – website, 2.5.2011

Law of Georgia No 6256 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 2092 of 7 March 2014 – website, 12.3.2014

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

Law of Georgia No 1017 of 16 November 2021 – website, 22.11.2021

Law of Georgia No 2482 of 22 December 2022 – website, 30.12.2022

Law of Georgia No 3448 of 30 June 2023 – website, 18.7.2023

 

Article 76¹ – Temporary procedure regulating the conduct of pre-election debates, the placement of pre-election advertisements, and the imposition of liability on the broadcaster before the acquisition of full powers by the Parliament of Georgia elected in the parliamentary elections of 26 October 2024

1. When conducting pre-election debates before the acquisition of full powers by the Parliament of Georgia elected in the parliamentary elections of 26 October 2020, Article 55 of this Law shall apply, unless otherwise provided for by Articles 185 and 186 of the Organic Law of Georgia – the Election Code of Georgia.

2. When placing advertisement before the acquisition of full powers by the Parliament of Georgia elected in the parliamentary elections of 26 October 2020, Article 55 of this Law shall apply, unless otherwise provided for by Articles 185 and 186 of the Organic Law of Georgia – the Election Code of Georgia.

3. Before the acquisition of full powers by the Parliament of Georgia elected in the parliamentary elections of 26 October 2020, the cases of imposing liability on the broadcaster shall be determined by Article 191 of the Organic Law of Georgia – the Election Code of Georgia.

Law of Georgia No 6727 of 2 July 2020 – website, 3.7.2020

 

Article 76² – The amount of financing of Ajara TV and Radio of the Public Broadcaster before 1 January 2026

1.  After the entry of this article into force and until 1 January 2024, Ajara TV and Radio of a Public Broadcaster shall be financed from the budget of the Public Broadcaster by the sum in the amount obtained by dividing the product of the 16% of the budget of the Public Broadcaster for 2023 and the number of days left between the entry of this article into force and 1 January 2024 by 365. After the entry of this article into force, the relevant management bodies of the Public Broadcaster and Ajara TV and Radio of a Public Broadcaster shall take measures provided for by this Law to ensure financing of Ajara TV and Radio of the Public Broadcaster by the amount determined by this paragraph, and for this purpose, to make appropriate amendments to the budget of Ajara TV and Radio of the Public Broadcaster for 2023.

2. From 1 January 2024 till 1 January 2026, Ajara TV and Radio of the Public Broadcaster shall be financed from the budget of the Public Broadcaster, by 16% of the budget. After the budget is approved, the allocated sum shall be transferred to the account of Ajara TV and Radio of the Public Broadcaster.

Law of Georgia No 3461 of 3 July 2023 – website, 21.7.2023

 

Article 77 – Entry of the Law into force

1. This Law, except for Articles 33(2)-(4) and 71, shall enter into force upon publication.

2. Article 33(2)-(4) of this Law shall enter into force upon the entry into force of a legislative act determining the fee rate of the Public Broadcaster and the procedure for its payment.

3. Article 71 of this Law shall enter into force on the 15^th day after publication.

4. Article 76(31) of this Law shall be effective until 15 January 2016.

5. Article 76(32) of this Law shall be effective until 15 January 2017.

Law of Georgia No 3088 of 19 February 2015 – website, 12.3.2015

 

 

President of Georgia                                                              M. Saakashvili

 

Tbilisi

23 December 2004

No 780- რს