Law on Broadcasting Amended due to Lobbying from Third Sector

As a result of harsh criticism from the civil society organizations and independent broadcasters, the authors of a draft law on broadcasting agreed to amend those provisions within the document which were subjected to severe criticism recently. A new version of the draft law to be elaborated within a week should take into account all the remarks of the non-governmental organizations.
 
The draft law was heard at the Parliamentary Committee for Legal Issues on September 23. The authors of the law (MP Giga Bokeria and the representatives of the Liberty Institute), as well as independent broadcasters and representatives of NGOs participating in the hearing.
 
As a result of remarks and comments from the third sector, several provisions of the draft law were amended, particular those on licensing and on the status of the TV broadcasting tower.
 
One of the controversial provisions was concerning the opening of the new tenders to purchase TV frequencies after the expiration of a 10-year term of license by the TV company.
 
As experts claim, this provision might become a lever for putting pressure on independent media. “Revision of license conditions after each 10 years will trigger restriction of independent broadcasting,” Ani Dolidze of the Georgian Young Lawyers Association says.
 
Opening of new tenders is connected with a great deal of problems, since, as experts claim, the duties of the National Communications Regulatory Commission are not clearly defined, the tender conditions are not negotiated, as a result of which a tender may be turned into an auction.  
 
Finally, the authors, among them influential MP Giga Bokeria of the ruling National Movement party, agreed to change the provision and now the draft law foresees automatic prolongation of the license. The new tenders will be announced only for the new TV frequencies.
 
Another controversial provision was concerning the transfer of the main Tbilisi TV broadcasting tower to the State Television, which, according to the draft law, is to be transformed into public broadcaster.
 
The private TV stations, that currently maintain their broadcasting equipment on the tower, feared that Public Television would use its control to restrict private broadcasting. They claimed that the TV broadcasting tower should remain state-owned. The authorities compromised regarding this issue as well. As a result, the public television will receive only that technical equipment, which is currently used by Channel One of the state-owned television.
 
However, the draft law still includes a number of issues, which are opposed by independent broadcasters and non-governmental organizations. They failed to lobby for a provision which would have banned commercial advertisements on the state-funded public television.  Current provisions of the draft do not limit the commercial advertisements on Public Television.
 
The establishment of the public television is connected with great funds. According to the current draft law, the public television will be funded through 1,5% income taxes paid by each citizen. This interest rate raises controversy, since as independent experts claim, no financial calculations exist for functioning of the public television so far. On  September 24 the Parliamentary Committee for Finance and Budget did not support the draft law just by this reason.
 
According to the preliminary calculations, 1,5% of annual income tax amounts to 15-16 million Lari per year, however, this parameter is not stable, thus the budget of the public television cannot be stable as well.
 
According to the authors of the draft law, a revised document will be ready in a week. However, since the draft law still includes disputable issues, it is expected that the debates over the law on broadcasting will still continue.