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M A Y 2 0 2 0 MEDIA INFLUENCE MATRIX: GEORGIA Government, Politics and Regulation Author: Giorgi Jangiani Research consultant: Ekaterine Basilaia Editor: Marius Dragomir Published by CEU's Center for Media, Data and Society (CMDS), Budapest, 2020 About CMDS About the Authors The Center for Media, Data and Society Giorgi Jangiani is a researcher at the Center for Media, (CMDS) is a research center for the study of Data and Society. He holds a master's degree in media, communication, and information European Public Policy from the Central European policy and its impact on society and University. His research focuses on corruption, media, practice. Founded in 2004 as the Center for and data protection policy reforms in Eastern Media and Communication Studies, CMDS European countries. Prior to working with CMDS, is part of Central European University's Giorgi was a Research Fellow at Georgia's Reforms Associates (GRASS) and contributed to projects on (CEU) School of Public Policy and serves as Georgia's EU approximation policy. He also holds an a focal point for an international network of M.A. in Diplomacy from Tbilisi State University. acclaimed scholars, research institutions and activists. Ekaterine Basilaia is currently a lecturer and a researcher at Tbilisi State University. She is co-author of the book “The Role and Limitations of non- CMDS ADVISORY BOARD Governmental Policy Advocacy in Georgia: Groups and Media in Agenda-Setting” (2016). She was a senior Clara-Luz Alvarez researcher in Georgia for the Horizon 2020 WOSCAP Floriana Fossato project (2016-2017), studying the EU's engagement and Ellen Hume communication strategies in Georgia. Besides her Monroe Price academic background in the past years, she has co- Anya Schiffrin authored the country reports on the state of the media Stefaan G. Verhulst for Media Sustainability Index by International Research and Exchanges Board (IREX). Marius Dragomir is the Director of the Center for Media, Data and Society. He previously worked for the Open Society Foundations (OSF) for over a decade. Since 2007, he has managed the research and policy portfolio of the Program on Independent Journalism (PIJ), formerly the Network Media Program (NMP), in London. He has also been one of the main editors for PIJ's flagship research and advocacy project, Mapping Digital Media, which covered 56 countries worldwide, and he was the main writer and editor of OSF’s Television Across Europe, a comparative study of Research contributor: Levani Tevdoradze broadcast policies in 20 European countries. Hungary, 1051 Budapest, Nador st. 9. Tel: +36 1 327 3000 / 2609 Cover photo: Bidzina Ivanishvili, Kibar Khalvashi, Kakhi Bekauri, Fax: +36 1 235 6168 Vakhtang Abashidze, Badri Patarkatsishvili E-mail: [email protected] ABOUT THE MEDIA INFLUENCE MATRIX The Media Influence Matrix Project is run collaboratively by the Media & Power Research Consortium, which consists of local as well as regional and international organizations. The consortium members are academic institutions (universities and research centers), NGOs, journalism networks and private foundations. MEDIA INFLUENCE MATRIX ADVISORY BOARD Special Advisor: Dean Starkman Media Management and Economics: Philip M. Napoli Research and methodology: Amy Brouillette Research and advocacy: Susan Abbott, Minna Aslama Civil Society & Technology: Kate Coyer Policy: Francesca Fanucci Data: Attila Batorfy, Jessie Labov CMDS TEAM Director: Marius Dragomir Editorial consultant: Tom Popper Research: Eva Bognar, Roni Dorot, Dumitrita Holdis Design and outreach: Robert Nemeth Coordinator: Mihaela Groza M E D I A I N F L U E N C E M A T R I X : G E O R G I A LEGAL OVERVIEW 4 REGULATORY AUTHORITIES 5 Operational Aspects 6 Broadcast Media and Frequency Spectrum 6 Print Media Regulators 9 S Internet Regulators 9 T Data Protection Regulators 10 Decision-Making 12 N Key Decision-Makers in Regulation & Policymaking 12 Transparency of Decision-Making in Media Regulation 17 E Impact of Regulators on News Media and Journalism 17 T INFLUENCERS 19 Local Influencers 19 Industry and Political Players 19 N Civil Society 24 External Influencers 26 O C F O E L B A T 4 GOVERNMENT, POLITICS AND REGULATION LEGAL OVERVIEW LEGAL OVERVIEW Georgia’s media legislation is considered to be However, enforcement of these rules is still liberal and progressive. According to Freedom problematic. In 2013, the Anti-Corruption House, Georgia has “the freest and most Network of the Organisation for Economic diverse media landscape in its region.”[1] The Co-operation and Development (OECD), media freedom and freedom of expression are noted that Georgia’s FOI provisions would protected by the Constitution. Article 17 of the benefit from a comprehensive revision. In Constitution and the 2004 Law on Freedom of recent years, local civil society groups have Speech and Expression prohibit also advocated for improvement of the law. censorship. Exceptions are allowed only in The government pledged to draft a new law on cases related to state security or protection of freedom of information, which is still an the rights and dignity of others. Georgia was unfulfilled obligation.[4] the first country in the Caucasus region that decriminalized defamation in 2004.[2] Following a set of good practices touted by the Open Government Partnership, a joint Another important piece of legislation initiative of governments and civil society, regulating the media sector is the Broadcasting most of Georgia’s public agencies set up Law, which includes rules and procedures for websites that host troves of publicly available acquiring broadcast licenses and regulates the data.[5] activities of the Georgian public broadcaster GPB. In 2013, the law was amended to include Other relevant laws for press and media must-carry and must-offer rules, which freedom include the Law on State Secrets and protect television channels from possible the Law on Copyright and Related Rights; pressures coming from cable operators.[3] broadcast networks and facilities are regulated Notably, print media enjoy generous benefits by the Law on Electronic Communications. in Georgia. According to the Georgian Tax The Law on Advertising affects news media Code, the cost of printing and distribution of outlets, but does not have a direct impact on the print press is exempt from the value- journalism or media freedom. Privacy is added tax (VAT). Freedom of information mainly regulated by the Law on Personal Data (FOI) in Georgia is regulated by the General Protection that was adopted in July 2013. The Administrative Code of Georgia, which has legislation created a new institution, the been in force since 1999. It guarantees access Personal Data Protection Inspector, which was to public information that does not qualify as officially responsible for the supervision of state or commercial secret, or as personal data, personal data protection and compliance with within a maximum of 10 days. the legal provisions related to data processing [1] Freedom House, “Georgia”, 10 March 2016, available online at https://freedomhouse.org/report/freedom- press/2016/georgia [2] OSCE, “Libel and Freedom of Information in South Caucasus Focus of OSCE Conference in Tbilisi | OSCE”, accessed 2 July 2018, available online at https://www.osce.org/fom/56871 [3] These rules require cable operators to include national broadcasters in their channel packages. [4] The alternative version of the document was elaborated by a coalition of civil society organizations, but the Government did not push the law to Parliament for a reading. [5] Transparency International Georgia, “Openness in Georgia”, 2017, available online at https://www.transparency.ge/sites/default/files/open_government_partnership.pdf (accessed 14 January 2019). 5 GOVERNMENT, POLITICS AND REGULATION LEGAL OVERVIEW in Georgia. The law, however, is expected to criticized a series of proposed amendments to be amended following the adoption of a new the Broadcasting Law.[6] If adopted, the European Union (EU) data protection set of amendments will grant the GNCC the power rules known as the General Data Protection to regulate hate speech, which is a task covered Regulation (GDPR), which took effect in now by self-regulation. GNCC claims that the spring 2018. Since May 2019, the State amendments were required through the Inspector has been put in charge of country’s association agreement with the EU. monitoring personal data protection in Local NGOs, however, argue that European Georgia. The State Inspector is a legal legal provisions for the media can be better successor of Personal Data Protection fulfilled by strengthening the existing self- Inspector. regulatory mechanisms in Georgia than by increasing the powers of the state regulatory In June 2019, the Georgian Media Advocacy body.[7] Coalition, a group of local NGOs, sharply REGULATORY AUTHORITIES Summary of key findings The Georgian National Communications society organizations for lack of transparency Commission (GNCC), Georgia’s main in decision-making. regulatory institution for the news media, has the mandate to strengthen competition in the A string of reforms aimed at strengthening the Georgian electronic communications and media regulatory authorities in Georgia was broadcasting markets while protecting rolled out in 2014-2016 following the adoption consumer’s interests and ensuring a fair and of the EU-Georgia Association Agenda.[8] predictable regulatory environment. These reforms helped GNCC bolster its capacity and earn recognition as a pro-active Since its
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