Tendency to fine Mtavari Arkhi TV smacks of censorship

The member organisations of the Media Advocacy Coalition consider the cases against the Mtavari Arkhi TV, a channel with critical editorial policy, and its representatives to be alarming. The trend of sanctions suggests that the Communications Commission wants to bring the channel to suspension and change its critical editorial policy.

Unfortunately, the Communications Commission is continuing its controversial practice of regulating broadcasters’ content, as shown by the sanctioning of broadcasters with the pretext of obscenity. In addition, with the new decision, the Commission is trying to limit the ability of civic activists to criticise the government and to have a chance to spread opinions different from those of the ruling party through the media.

Yesterday, on 25 November 2021, the Communications Commission [1] fined Mtavari Arkhi TV with the maximum penalty of 1% of its income, GEL 111,903.43. According to the statement of the Communications Commission [2], the high sanction was imposed on the channel for repeatedly violating the rule of broadcasting political advertisements during the non-election period. This is not the first time that the Commission has considered it appropriate to apply the maximum fine to the broadcaster [3]. This also happened in 2020, when Mtavari Arkhi TV LLC was fined with GEL 58,061.76. In each case, the Commission seeks to punish the broadcaster by applying financial pressure.

Against the background of several alarming preconditions, the adopted decision deepens the suspicion of an attempt to influence the editorial policy of the TV channel:

1. Mtavari Arkhi TV was one of the most sanctioned channels in 2020 [4].
2. In 2020 and 2021, the Communications Commission imposed the highest sanction on Mtavari Arkhi TV.
3. According to the Ombudsperson’s assessment of the criminal case brought against Nika Gvaramia, the Director General of Mtavari Arkhi TV [5], the content of the charges is controversial [6].
4. The editorial policy of Mtavari Arkhi TV is also frequently criticised by the Media Academy, an organisation established by the Communications Commission [7].
5. Government representatives often make critical and discriminatory statements against Mtavari Arkhi TV. Among them, the Minister of Culture, Thea Tsulukiani, snatched the microphone away from the channel’s journalist [8].
6. In its decision of 25 November, the Communications Commission relied solely on its own practice and interpretation. The current legislation does not directly prohibit the broadcaster from airing political advertisements during the non-election period.
7. The Communications Commission again intervened in the broadcaster’s content. It considered the videos to be political advertising only because of the political context. The Commission’s approach violates the principle of predictability.
8. The Commission’s decision does not comply with the principle of proportionality. There is no adequate justification for the legitimate purpose of such interference with the freedom of the media and expression.
9. The proportionality of the maximum sanction applied to Mtavari Arkhi TV also deserves criticism.

We think that this step aimed at changing the editorial policy is extremely dangerous for the existence of freedom of expression of critical media and civil society in Georgia.

The Media Advocacy Coalition once again expresses [9] its solidarity with the team of Mtavari Arkhi TV and stands ready to get involved in protecting the rights of the channel during the continuation of the dispute in court.