On May 7, This Affects You Too, uniting election watchdog and legal advocacy organizations started the second round of the campaign. The campaign called for amendments to the Election Code and improvement of electoral and media environment ahead of the October parliamentary elections. As part of the campaign, on May 7, the campaign participants submitted a package bill to Parliament of Georgia. On the same day, the legislative proposals were considered by the Parliament bureau, after which the package was submitted to the Legal Issues Committee of Parliament.
On June 29, parliament passed on with its final reading amendment to the election code obligating cable providers to transmit television channels with news programs for sixty days before the elections.
Source: Civil Georgia, Tbilisi / 29 Jun.’12 / 18:27
Parliament passed on June 29 with its final reading amendment to the election code obligating cable providers to transmit television channels with news programs for sixty days before the elections.
The legislative amendment, known as ‘must-curry’, means that over 170,000 subscribers to dozens of cable providers across the country will be able to watch during the pre-election period three Tbilisi-based television stations – Kavkasia TV, Maestro TV and Channel 9, which is owned by Georgian Dream leader Bidzina Ivanishvili’s wife.
The legally binding obligation to carry these channels will, however, expire just before the election day – something that a group of watchdog organizations, advocating for must-carry rules since early May, was against, instead calling on the authorities to expand timeframe of application of the rule beyond the election day at least before final official results of elections are declared.
Citing unwillingness to keep on state’s “meddling in private businesses” beyond the pre-election period, the ruling party lawmakers refused to accept the proposal.
The authorities, however, pledged to “encourage” cable providers and TV channels to keep the practice introduced by the legislative amendments even beyond the end-date of legally binding obligations.
“The state will support and encourage any agreement that would contribute to further cooperation between cable operators and TV channels beyond the date when legally binding obligations ends,” Davit Bakradze, the Parliamentary Chairman, said on June 29, adding, that “end of the legally binding obligation does not automatically imply that the cable operators will have to stop transmitting these channels.”
Currently, Tbilisi-based Maestro TV is not available in packages offered by one of the largest cable networks, Silk TV, as well as by Caucasus TV, which Maestro TV says is a politically-motivated decision on the part of these companies. Channel 9, a television station owned by Georgian Dream opposition coalition leader Bidzina Ivanishvili’s wife, has been denied to be carried by all the cable operators, except of one, Global TV, which is co-owned by Ivanishvili’s brother.
Initial wording of the draft did not obligate cable operators in the provinces to carry Kavkasia TV, which has a broadcast license in the capital city. The draft, however, was later amended so that to make Kavkasia TV also available to cable subscribers in the regions. That was made through including in the legislation a provision according to which a television station having a reach to at least 20% of population. It also means that Tbilisi-based cable operators will not be obligated to transmit TV stations, which cover only a specific area in a province outside Tbilisi and which cover geographical area where less than 20% of the population live.
The legislative amendment also states that cable operators will have to carry TV channels without any requirement to receive permission from broadcasters themselves.
Cable provides Global TV cannot now carry several TV channels, including two largest and most watched nationwide broadcasters – Imedi TV and Rustavi 2 TV, after they requested the Global TV to suspend their transmission, citing commercial reasons. Global TV, however, said it was done deliberately to encourage its subscribers to switch to other cable operators and to discourage potential new clients from subscribing with Global TV with an eventual goal to limit the number of households with access to Channel 9’s broadcasts, which is also available via satellite and internet.
According to Georgian National Communication Commission (GNCC) number of subscribers to cable operators increased from 135,369 in early 2011 to 171,641 by the end of 2011.
There are about 70 cable operators across the country, mainly in larger towns, according to the Cable TV Union of Georgia.
There are three companies, which take the largest share of the market – Silknet with 43,027 subscribers as of end-2011, followed by Super TV (formerly Ayety TV) in Tbilisi and GNN (operating mainly in Saburtalo district of Tbilisi) with 37,936 and 19,140 subscribers, respectively, according to GNCC.
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Campaign History:
On February 16, 2012 Election watchdog and legal advocacy groups, joined by some media outlets, have launched a campaign aimed at convincing lawmakers to revise controversial election-related legislative amendments passed by the Parliament in late December 2012. The campaign titled as “This Affects You Too” aimed at improving election legislation and developing a better pre-election environment. Within the confines of the campaign, up to 170 non-governmental and media organizations, as well as about 1500 individuals, have signed the petition submitted to the Parliament on 17 February 2012, together with a package of legislative proposals.
Organizing members of the campaign have held information meetings in Tbilisi as well as 8 other Georgian cities updating the population on the restrictions imposed by the law on Political Unions of Citizens. The above proposals have been brought to the attention of the diplomatic corps accredited to Georgia, international organizations, and political parties as well. Negotiations with the Parliament of Georgia concerning the legislative proposals had been going on for a month. The law on Political Unions of Citizens was adopted by the Parliament in May 2012.
As a part of the campaign, On 9 March, the campaign member organizations sent an official appeal to the President of Georgia, Parliament Chairman, and Foreign Minister requesting them to not delay with inviting an OSCE Office for Democratic Institutions and Human Rights (ODIHR) long-term observer mission in order to ensure a qualified and impartial monitoring of the election environment not only in the two-month pre-election period but throughout the entire election year.
In early may 2012 non-governmental and media organizations participating in “This Affects You” started the second stage of the campaign. The campaign calls for amendments to the Election Code and improvement of electoral and media environment ahead of the October parliamentary elections. As part of the campaign, on May 7, the campaign participants submitted a package bill to Parliament of Georgia. On the same day, the legislative proposals were considered by the Parliament bureau, after which the package was submitted to the Legal Issues Committee of Parliament.
One of the proposals in the bill, prioritized by the campaign group, offers to introduce ‘must-carry/must-offer’ rules, which will ensure accessibility of Georgian population to diverse media. The new law will obligate, on the one hand, cable operators to carry TV channels with news programs and on the other hand, will obligate TV channels themselves to make their content available to all the cable operators. This top issue was brought to the attention of Hilary Clinton during her visit in Tbilisi this month.
On June 13 eleven political parties from across the opposition spectrum, ranging from Christian-Democratic Movement to Bidzina Ivanishvili-led Georgian Dream coalition, joined a statement calling for the introduction of ‘must-carry/must-offer’ rules and thus supported the idea of the second stage of the campaign.
Speaking at Washington-based think-tank, Atlantic Council, on June 13, U.S. Ambassador to Georgia John Bass also stressed the importance of introducing must carry/must offer and said that “big issue” in respect of media situation in Georgia was how to broaden access to information for those who live outside large cities and “don’t have access to cable providers who carry pro-opposition channels and therefore are relying on major terrestrial broadcasters, who tend to have a pro-government orientation.”
On June 26, Parliament passed with its first reading draft of an amendment to the electoral code, obligating cable providers to carry TV channels with news programming for 60 days before the elections.
On June 29, parliament passed on with its final reading amendment to the election code obligating cable providers to transmit television channels with news programs for sixty days before the elections.