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Georgia Is Not for Sale vs. Georgian Dream

September 12, 2012

Shorena Latatia

Ongoing political processes in Georgia have reached active pre-election phase. Many advertisements of political subjects appeared in media. The video clips produced by the non-governmental organization Georgia Not for Sale immediately attracted public attention in the ongoing pre-election advertising battles. The purpose of those video clips is to form public opinion against Bidzina Ivanishvili-the leader of the coalition Georgian Dream.

Extracts from Bidzina Ivanishvili’s public speeches are cut out of the context and they are filmed in the above-mentioned advertisements. For instance, in one of the rolls Ivanishvili says: “Russian people make choice… I agree with you that, with great probability it will be Putin…so I will have to sit at the negotiation table with him”…Then we see an inscription on the scene - “[Is it] Georgian Dream?” The question is rhetorical and the advertisement author leaves it without an answer (see video here.)

According to the findings of the media monitoring implemented by Human Rights Centre, the video rolls of Georgia Not for Sale appeared on Imedi, Rustavi 2 and Kavkasia in the middle of July. Maestro and TV-9 refused to release those videos then. Later, Maestro agreed to air the videos when the National Movement applied to them with the request to release the videos in accordance to the election law. It is interesting that Georgian Public Broadcasting Company has not yet aired any of the video clips prepared by the Georgia Not for Sale.

Initially, Mamuka Ghlonti, the founder of the TV-company Maestro stated that Maestro not only refused to air the video-rolls of the organization Georgia Not for Sale, but they blamed the NGO in using the video clips prepared by the Maestro and in breaching the copyrights. He added that Georgia Not for Sale used videos aired by the Maestro’s TV-program Direct Conversation that is violation of the Law of Georgia on Copyright and Adjacent Rights. Ghlonti added that it was not ethic to air the advertisements made up of the stolen scenes.

In reply to it, Giga Nasaridze, representative of the organization Georgia Not for Sale, posted on a social network and said that Maestro acted in accordance to its own political sympathies when making decision on airing the political advertisement instead impartial approach to the issue that is necessary for the media.

As for the TV-Company Kavkasia, its administration stated that they would stop airing those advertisements if the court concludes that they are illegal.

In accordance to the Election Code, “Political/pre-election advertising is advertisements aired by mass media sources, which aims at promoting/preventing election subject from being elected, which presents the election subject or/and its candidates in the elections and contains signs of pre-election campaign, or suggests population to positively or negatively vote for the topic of the referendum/plebiscite.”

Maestro asked Giga Nasaridze who benefits from the advertisement they prepare and he said the purpose of the advertisement is to reduce the number of votes gained by the Georgian Dream on the Election Day. Consequently, this advertisement meets the definition of a political ad. However, the problem is that Georgia Not For Sale, a legal entity gives the advertisements to the National Movement [free of charge] (it is illegal donation).

On August 20, Giga Nasaridze said their organization offered to all political parties, who share their position, to prepare video-rolls about election for free. He added that United National Movement has already responded to their offer and video-rolls were given to them for free; spokesperson of the ruling party Chiora Taktakishvili also confirmed this information.

“UNM shares the position presented in the video-rolls. Our goal is not to return to the past but go forward and resolve all problems of our citizens,” Chiora Taktakishvili said in her August 20 interview to Maestro.

Transparency International-Georgia and Georgian Young Lawyers’ Association  evaluated the fact as illegal in their statements and declared that in accordance to the Organic Law of Georgia on Political Union of Citizens, the organization Georgia Not For Sale shall be fined with five-fold of the money they had spent on video-rolls.

In accordance to Article 25, Part II of the Organic Law on Political Unions of Citizens, tangible or intangible property received by a political party or given away on its behalf and free of charge, constitutes a donation made donated to that political party. In accordance to the Article 26 Part I – “a” of the same Law, it is prohibited for a political party to accept contributions from any legal entity; however organization Georgia Not for Sale is legal entity in accordance to its legal registration.

This prohibition would not have worked for the Georgia Not for Sale if it had status equal to a political party.

In order to declare a person to be equal to a political party, it must have declared election goals. At this moment, organization Georgia Not for Sale does not have declared election goals (desire to participate and win elections).

We read on the official page of the Georgia Not for Sale: “The purpose of the organization is to provide society with full information about Bidzina Ivanishvili’s activities in Georgian politics, to distinguish oligarch money and healthy political process from each other in order not to mislead society and to prevent voters’ bribery.”

Thus, organization Georgia Not For Sale does not have election purpose. Though, it might have political purpose and they are different notions in the Georgian law.

As we have already mentioned, Giga Nasaridze said the purpose of the video roll is to disable Georgian Dream to gain many votes on the Election Day. So, Giga Nasaridze has definite political purpose but it is not election goal. Consequently, regulations estimated for a political party cannot work for him.

State Audit Office fined Georgia Not For Sale with 5 000 lari. “SAO studied the case of the non-monetary donation of the members of the non-governmental organization Georgia Not For Sale Giga Nasaridze and Irakli Lekvinadze – monitoring subject in accordance to the organic law, to the political union United National Movement. Documents provided by the Georgia Not for Sale to the State Audit Office does not reflect fact of nonmonetary donation to the party through video-rolls and are not declared in accordance to the rules estimated by the Organic Law of Georgia on Political Unions of Citizens,” SAO stated.

Giga Nasaridze stated in response to this statement that they were fined as physical person for procedural violations.

In accordance to the Law on Broadcasting, the customer of the advertisement is responsible for the social and electoral advertisements. However, if the broadcaster concludes that the advertisement is not relevant, it can refuse to place the advertisement on reasonable grounds.

“In accordance to the law, customer and not the license-holder broadcaster is responsible for the content of the political advertisement. Every subject can argue about this particular advertisement who thinks it discredits their reputation, honor and dignity,” Natia Kapanadze, head of Legal Aid Center for Georgian Media at the GYLA, said.

As for the funding of the organization, the founder of the Georgia Not for Sale stated that no company funds them and they get only donations. Giga Nasaridze said the organization has already sent letter to the State Audit Office based on the request of the financial monitoring service.

It is noteworthy that since July 20, Maestro also started airing the video-roll prepared by the Georgia Not For Sale. However, it has status of the National Movement’s political advertisement. TV-Company administration still believes that the video-roll is not ethic but the Election Code directly obliges broadcasters to place advertisements provided by political subjects. So, Maestro had to air the roll.

In accordance to the Election Code, license-holder broadcasters are prohibited to refuse to air political advertisements. If they refuse, initially they will be fined with 1 500 lari and if they continue similar action, the broadcaster will be fined with 5 000 lari.

Content of one of the video-rolls is as follows: “Today our children are growing up in the safe environment but there are people who put our children’s lives under risk,” we hear voice. In parallel to it children are playing in the yard. Then we hear an extract from Bidzina Ivanishvili’s public statement: “When we come to office, Tamaz Tamazashvili will occupy a leading position in the government.” The advertisement continues with the text: “The man, who is currently serving term for the storage of weapon and narcotics, who cooperated with criminals during many years, who was connected with issuing false loans… is Tamaz Tamazashvili right person to protect our security?! We cannot risk going back to the past.”

TV-Company Maestro requests the National Movement to put identification subtitle on the video-roll in order to inform the society that it is the advertisement of the UNM. However, it must be noted that the Georgian law does not oblige the UNM to make similar subtitle on the advertisement.

This blog is made possible by the support of the American people through the United States Agency for International Development (USAID). The contents are the sole responsibility of Human Rights Center and do not necessarily reflect the views of the International Foundation for Electoral Systems, USAID or the United States Government.

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