News
At the hearing held on July 30, 2015 Georgian National
Communication Commission (GNCC) misinterpreted the law regarding airing the
Russian-language documentary films "Crimea - Way back Home" and
"the President" - by
Media Union "Obiektivi" . GNCC decision differs from the legal conclusion
of Broadcasting Department of the GNCC drafted based on complaint of Media Development
Foundation. Commission partially considered "Obiektivi" as violator
of administrative law.
Based on the complaint filed by MDF on May 19, Broadcasting Department
of the GNCC has conducted the inquiry. The department’s conclusion states
that airing the above-mentioned Russian-language films by Media Union
Obiektivi was unlawful act violating the obligations under the N3
resolution of Georgian National Communication Commission issued on October 30,
2009. According to the Article
51.1 of Georgian Law on Broadcasting "Films produced in non-state
languages shall be broadcasted by Broadcaster’s air only voiced over on
state language of Georgia". According to the N3 resolution of
Georgian National Communication Commission issued on October 30, 2009:
" Feature film, as well as documentaries, TV films, series or
soap opera produced in a non-national language (Except of Georgian and
Abkhazian) shall be aired by general and specialized broadcasting license
holders, as well as Public Broadcaster only if dubbed into the national language
of Georgia - Georgian Language, in the Autonomous Republic of Abkhazia - in
Georgian and Abkhazian Languages. "
The members of the Commission did not share the conclusion
of the Department dated July 29 and took into consideration the TV company's
arguments, according to which, the editorial aired only the fragments of the
film therefore the obligation to voice films on national language did not apply
to them.
Broadcasting Department conclusion notes that the author of
the program reduced the films running time only with the aim to fit them to the
program as its duration did not give opportunity to air the full versions. The
anchor presented to the viewers the reduced versions as films and not as fragments.
MDF lawyer Mariam Lortkipanidze believes that Commission misinterpreted
the law. According to her this is a signal for other broadcasters to circumvent
the regarding Article of the Law on Broadcasting by using various
manipulations, including films montage, cutting the film with anchor's comments
and etc.
Regulatory Commission satisfied only part of the MDF's
complaint concerning to the license for broadcasting of above-mentioned films.
According to the Broadcasting Department's inquiry, Broadcaster did not
have the documentation ensuring the right of airing the films on the territory
of Georgia. Regulatory Commission found unlawful act only in that part and
warned the company for copyright violation.
Media Development Foundation MDF filed a complaint to
Georgian National Communication Commission (GNCC) with the request to study the
case on May 19.