“Young Barristers” appeals to the Georgian National Communications Commission to hasten consideration of the application related to alleged violation of Legislation on Advertising and Broadcasting by TV company Rustavi 2. The fact had been left without consideration for more than 2 months.
Archil Kaikatsishvili, a Head of “Young Barristers”, explains, that the case is about information, offered to the society by TV company Rustavi 2 in the form of social advertisement. The information was about the expiry of 9-month term for detention in case of Gigi Ugulava, a former Mayor of Tbilisi. According to the story, prepared and being broadcasted by television, extension of pre-trial term of detention in case of Ugulava has been evaluated by the Court as illegal action and political persecution on behalf of the Government. This information was introduced to the society by means of Social Advertising. We believe, that Rustavi 2 violated the law, since the information from the video by its nature, doesn’t fall within the scope of the essence of “Social Advertisement.”
Article 12 of the Law of Georgia on Advertising defines legal nature of social advertising. Namely, “the social advertising is the object of public and national interests, is aimed at the achievement of charitable purposes, protection of people’s life, health and property as well as environment.” 2nd article of the Georgian Law on Broadcasting states the same - “social advertising – the advertisement intended to promote public good and achievement of charity goals that is neither commercial nor Pre-election advertising and that doesn’t contain any advertising of a legal entity under private law or a government agency or of the services delivered by them;”
“Young Barristers” believes, that the content of the advertisement,being broadcasted by Rustavi 2 during several months, directly contradicts the definition of the Social Advertising determined by law. The advertisement says: “Pre-trial detention should not exceed 9 months. Violation of the provisions of this article of law, shall be punished. New allegations, especially against the former Mayor, is more like to be an attempt to ignore 9-months term limit for pre-trial detention. New allegations against Gigi Ugulava, aiming to extend term of his detention, may only be regarded as confirmation of politically motivated prosecution against him. Gigi Ugulava was detained on July 3, 2014 and has been in pre-trial detention for 10 month, without eviction. The constitution has been violated and such precedents create a danger practice, when any individual may be subject to unlimited period of pre-trial detention. We should prevent any violation of Constitution! We should prevent illegal detentions!” (Style is preserved).
“Young Barristers” considers, that this text, offered as a Social advertisement by Rustavi 2 to the society, violates current legislation on Broadcasting and Advertising. According to the article 21 of the law of Georgia on Advertising “Natural and legal persons (advertising customers, produces and distributors) assume responsibility for violation of the advertising legislation of Georgia” and Georgian National Communication Commission establish relevant responsibilities for violation of the advertising regulations.
“Young Barristers” appealed to the Georgian National Communications Commission to study the issue of alleged violation of laws on behalf of Rustavi 2 on May 8, 2015. The organization was informed by the Commission on May 25, that TV Company Rustavi 2 was requested to prepare further explanation regarding the case. TV Rustavi 2 was also requested to submit information about customer and conditions for placing advertisement as well (free/paid). “Young Barristers” is not aware of whether Rustavi 2 has provided requested information to the Commission or not.
