Broadcast Law: The Regulator and the Field
Broadcasting in Georgia is regulated by the Law of Georgia on Broadcasting. Article 2 of the law assembles the basic terms of the field and defines the regulator: the Commission — the Georgian National Communications Commission — whose regulatory scope covers the fields of media services and video-sharing platform services. Regulation means the adoption of legal acts by the Commission and the carrying out of monitoring, supervision, control and coordination.
The law describes the field in two directions: one is classical broadcasting, carried out through a broadcasting schedule and chronological order, and the other is on-demand audiovisual media services and video-sharing platform services. The distinguishing criterion between them is editorial responsibility: a broadcaster and a provider of on-demand audiovisual media services exercise effective control over the selection and organization of programs, while a provider of video-sharing platform services delivers user-generated videos without editorial responsibility.
Types of Broadcasting and Their Criteria
Article 2 of the law also defines the types of broadcasting by their reach: local broadcasting is available to at least 90% of the population of the service zone determined by the license or authorization, and national broadcasting to at least 90% of the population of Georgia. General broadcasting is carried out with programs of at least 2 themes — including news and socio-political themes — while specialized broadcasting rests mainly on programs of a single theme.
Public, community, university and private broadcasting are defined separately: the public broadcaster is a public-law legal entity financed from public funds, independent from the government and accountable to society, while community and university broadcasting are forms of broadcasting not aimed at profit. This classification is practical, because the requirements imposed on a particular broadcaster vary according to its type.
Prohibited Content: Hate Speech and Incitement to Terrorism
Article 55-2 of the law regulates content prohibitions. It is prohibited to disseminate a program or advertisement that incites violence or hatred toward a person or group of persons on grounds of disability, ethnic or social origin, sex, nationality, race, religion or belief, sexual orientation, skin color, genetic characteristics, language, political or other views, membership of a national minority, property, birth place or age — except where this is necessary in view of the context of the program and there is no intention to disseminate hate speech.
The same article defines the boundary of protection: a program or advertisement may not be considered to contain hate speech solely because of its offensive or critical content — criticism as such does not justify the prohibition. The second paragraph establishes separately that it is prohibited to disseminate a program or advertisement containing incitement to terrorism. For a media service provider these two prohibitions are boundaries to be taken into account directly in the preparation of content.
Age Categories of Programs
Article 56-2 of the law establishes the criteria of age categories. A program is considered unsuitable for minors under 18 if it contains, for example, a graphic depiction of a scene of sexual violence, a violent act that is easy for a minor to imitate, the justification of the use of narcotic substances or propaganda of participation in gambling. For ages under 15 the list adds, among others, scenes of a sexual context and terminology connected with narcotic substances; for ages under 12 — offensive language; and for ages under 7 account is also taken of content with a strong negative emotional impact on that age group.
These categories are the basis for planning programs and selecting broadcasting times: the broadcaster must compare the content with these criteria and not disseminate a program unsuitable for the relevant age group at an inappropriate time.
General Rules on Advertising
Article 63 of the law reflects, with respect to advertising, the rules established by the Law of Georgia on Advertising, unless otherwise provided by this law. It is prohibited to place inadequate, dishonest, unreliable, unethical and blatantly false advertising or teleshopping. The advertising of tobacco products and of devices intended for tobacco consumption is separately prohibited, as is advertising, sponsorship declarations and product placement in programs concerning gambling and its organizers.
Audiovisual commercial communication must be easily recognizable, and covert commercial communication is prohibited. War propaganda in advertising is prohibited in any form; prohibited too is advertising that violates human dignity or commits or encourages discrimination, advertising that encourages behavior significantly harmful to the environment, and advertising that encourages behavior dangerous to health and safety. Advertising and teleshopping must be identified and clearly separated from the program.
The placement rules are detailed: on a broadcaster's channel advertising or teleshopping may be placed between programs, and in a program — in a way that preserves the value of the program. The interruption by advertising or teleshopping of certain events is prohibited — including official state events and religious ceremonies. A news program may be interrupted by advertising or teleshopping no more than once in 30 minutes; a children's program shorter than 30 minutes may not be interrupted by advertising, while one longer than 30 minutes may be interrupted once in 30 minutes; interruption of a children's program by teleshopping is not allowed. In overlay advertising the overlay must not exceed 10% of the frame area. Teleshopping is prohibited on the channels of the public broadcaster and of the public broadcaster's Adjara television and radio, and university broadcasting may not carry teleshopping either.
Frequently Asked Questions
Who regulates broadcasting in Georgia?
The Georgian National Communications Commission, whose regulatory scope includes media services and video-sharing platform services.
What is the difference between national and local broadcasting?
Local broadcasting is available to at least 90% of the population of the service zone, national broadcasting to at least 90% of the population of Georgia.
When is a program considered to contain hate speech?
When it incites violence or hatred on the grounds listed in the law, unless that is necessary in view of the program's context and there is no intention of dissemination. Offensive or critical content alone does not constitute hate speech.
How are programs divided into age categories?
By age groups under 18, 15, 12 and 7, each with defined content criteria — for example, violence, narcotic substances or the promotion of gambling.
How may advertising be placed in news programs?
A news program may be interrupted by advertising or teleshopping no more than once in 30 minutes, while the placement of product or service advertising inside a news program by a media service provider is prohibited altogether.
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