Minority-language Related Broadcasting in Georgia

 

Introduction

 

 

Due to transformation from Soviet totalitarian regime to democratic developments there is no enough legislative basis for regulating issues concerning broadcasting and linguistic minorities rights. In fact only now Georgian society begins to realize real essence and nature of human rights. Adoption of constitution in 1995 was the first step towards democratic state, but nevertheless only after accession to Council of Europe appeared necessity for adopting new laws compatible to European Convention on Human Rights and international standards.

 

Historically Georgia was known as one of the most tolerant states, but today this view is likely to be terminated. Georgian reality is obsessed with minority rights persecution. Grievance of minorities toward central government increases. Social integrity turns out to be a serious impediment for national security.  Working out on public service broadcasting has started recently; most of minorities have almost no access to means of mass media that causes complete informational vacuum.     

 

Minorities in Georgia differ from one another in terms of number and place of residence. According to data of the 1989 census (last census was conducted last year, but still official result is not publicized) 437.211 Armenians (8,1%), 341,720 Russians (6,3%), 307,556 Azerbaijanians (5.7%), 164,055 Ossetians (3%), 100,324 Greeks (1,9%), 52,443 Ukrainians (0,7%), 33,333 Kurds (0%6), 24,795 Jews (0,5%), Abkhaz 95,000 (1,7%) live in Georgia.

 

In Georgia there are several linguistic groups. Mengrelians and Swans who are indigenous Georgians but speak language derived from Kartveluri dialect and at the same time use Georgian as their literary language.  Ossetians speak language, which belongs to North Iranian language group. Some historical sources nominate them as descendants of Iranian tribes. Abkhaz speak northwest Caucasian language derived from Circassian. Apart from these ethnic groups in Georgian territory inhabits Armenians, Russians, Azeries and as usual they practice their own languages. Small groups of Greek, Kurdish, Jewish try to somehow preserve their culture and language. For all the groups main, not knowing Georgian language, Russian is communication language.

 

Nevertheless these groups are not heterogeneous. One group of Greek speak Turkish language and other modern Greece. Azeries in middle Kartli receive secondary knowledge in Georgian and in Azerbaijanian in Lower Kartli.

 

In Georgia exist State television (First and second channels) and eight independent broadcasting companies in Tbilisi and about 45 regional TV stations and several radio stations including state radio station. Lack of finances forces most of them to depend on state funding. There is no public service broadcasting in Georgia. Frame law on it is being worked out now.

 

In second part of 90-th State official bodies actively appealed to restrictive measures toward independent TV Company "Rustavi 2". In 1995 and 1996 Ministry of communication closed it. Last year Ministry of State Security tried to invade "Rustavi 2". To protect it, students conducted mass demonstration that caused resignation of whole government. In Adjarian officials harassed autonomous republic independent channel 25.

 

Rights of religion minorities are mostly restricted on Georgia. Law enforcement bodies several times harassed freedom of religion. At the same time authorities deny their positive duty to provide principle of equality by letting excommunicated orthodox priest Basil Mkalavishvili conduct violent attacks on religious minorities. His followers invaded Independent TV station First Stereo in order to close evangelical programs broadcasted by this company. Linguistic minorities rarely have chance to get any information. There are no TV companies broadcasting on languages on minorities.

 

There is a little information from Abkhazia and south Ossetia due to frozen conflict.

 

Constitution

 

Georgian constitution includes provisions concerning freedom of expression and minority rights. It declares equality of every person in social, economic, cultural and political life regardless of national, ethnic, religious or language origin[1]. As prescribed by constitution in accordance to universally recognize principles and norms of international law, which take precedence over domestic legislation[2], all have the right to develop their culture freely without any discrimination any interference.

 

Constitution stresses the great importance of freedom of speech and makes emphasis on right of freely receive and disseminate information the importance.[3] Every one has a right to express and disseminate his opinion orally, in writing or in any other form. It is prohibited to monopolize the mass media and other means of dissemination of information by state and private persons. Censorship is strictly forbidden. Freedom of speech can be restricted by only in following cases:

 

  1. To provide guarantees of state and public security and territorial integrity;
  2. To prevent a crime;
  3. To defend rights and dignities of others;
  4. To avoid the revelation of confidentially received information;
  5. To guarantee the independence and impartiality of justice in a democratic society

 

Constitution names Georgian as a state language on territory of Georgia and also Abkhazian language on territory of Abkhazia on basis of complete equality and at the same time every individual is entitled use their native language in private and public life.[4] Jurisdiction is exercised on state language, but when having litigation in court members of linguistic minorities have the right to use the assistance of interpreter. In the regions where the population does not have a command of the state language, the state provides teaching in the state language and explanations of matters pertaining to its jurisdiction.[5] 

 

Legislation

 

Minorities

 

There is no concrete legislation related to rights of minorities. Some experts think that statements of constitution and implementation of European Convention of Human Rights is effective guarantee to protect minorities' rights and adoption of certain law concerning minority rights will cause discrimination. However legislation in different spheres for example Law on Citizenship of Georgia[6], Law on Culture put emphasis on equality of citizens regardless national, ethnic, religious and linguistic origin[7]. Law on education provides the right to receive primary and secondary education on native language.[8] Therefore adopted Georgian legislation admits no hierarchysation of officially-recognized languages and minority groups.

 

Broadcasting

 

Though working on the conception on Public service broadcasting has been started, presently the only legislative act regulating broadcasting sphere in Georgia are law on Post and Communication and on Press and Other means of Mass Media. It states provisions relating free access of minorities to broadcasting. Language of Press and other means of mass media is state language – Georgian language, in Abkhazia also Abkhazian language. In Georgia it is allowed impart information on any ether languages. Due to second paragraph of this article state government must provide for all minorities lived on its territory the right to receive and impart information on their native or other languages.[9]

 

Law on Press and Other means of Mass Media includes norms concerning to all kind of broadcasting stations. Government bodies, political parties, public organizations and other associations registered in accordance with law and citizens of Georgia over 18 have a right to establish any kind of mass media including broadcasting companies. It is not allowed to monopolize means of mass media. Amount of contribution made by each founder in one and the same kind of means of mass media must not exceed 25%. Broadcasting companies must be registered in local courts.[10]

 

Activities of means of mass media may be stopped, if they violate the law, cause commitment of crime, induce danger to state and public security, territorial integrity.[11] 

 

Terminating of independent TV-Radio broadcasting channels is allowed only on basis of court decision[12].

 

Georgian state television is an exception from above mentioned rule. It is legal person of public law by status established owing to President's order; therefore it is subjected to governmental influence and completely shares views of authorities.  Adjara TV carries out same functions in Adjarian autonomous republic.

 

Law on Post and Telecommunication (hereinafter LPT) defines bodies giving license and regulates rule of licensing for broadcasting stations considering such principles as equality of every person and entity, restriction of monopolization, protection of consumers interest and etc[13]. Georgian National Post and Telecommunications Regulatory Commission (hereinafter commission) is the independent state organ that grants licenses in broadcasting sphere in Georgia in compliance with community principles[14]. President of Georgia appoints members of commission for six-year term and it also includes apparatus to provide carrying out its functions.[15] Appliers must pay license for fee. 20% of this fee goes to cover current expenses. The license holder pays annual fee for regulation to the Commission. In addition to granting licenses commission provides control upon observance of conditions envisaged by the license, suspend, recommences or revokes the license according to rule of law.  The license is granted for ten years term and it can be renewed for next ten-year term by commission unless license holder violated the law[16]. State government body of foreign country and its representatives, citizen of foreign country, the person with no citizenship and their representatives, the entity registered according to the foreign legislation, its representatives and subsidiaries, the entity registered according to the Georgian legislation, if 50% of authorized capital stock of such entity belongs to persons or entities stated above should not be granted[17]. In order to receive license, applier must provide information about broadcasting type, possible duration and broadcasting program, technical issues, business plan and etc.  Commission is obliged to present to President, parliament and society annual report of its activity. In fact commission has not carried out this duty yet.

 

LTP determines principles and objectives of tariff policy in this field. It must support development of sector; economic, social, and legal stability in the state, protect consumer rights and creation of competitive environment. Tariffs should be fair and non-discriminative.[18]

 

Some kinds of broadcasting are not subjected to licensing. It concerns to broadcasting provided by the legal entity of common law established on the basis of state property or by a state government body established for the provision of broadcasting at the moment of coming into force of this law. The example of it is Georgian state television and other regional stations in state television network. Nevertheless they must be registered in Commission.[19] 

 

Resolutions and decisions of commission can be appealed in court.

 

LPT  provides opportunity for different stations to receive license through  competition, announced by commission. Commission determines unused frequency in frequency scheme and priorities of public opinion. Commission, when selecting applications, considers technical, financial, criteria and programming, including quantity of local production.[20] LPT includes no restrictions concerning linguistic minorities.

 

LTP states certain obligations for broadcasting stations. The broadcaster is obliged to keep to the rules determined by international agreements, the Georgian organic law “Georgian Electoral Code” this law, and to existing Georgian laws on: “An author’s and the Related Rights”, “Protection of Minors from Harmful Influences”, “Advertisement”, and “State Secret”. Apart of it, the broadcaster shall submit to the Commission all documents confirming its authority for the dissemination of TV and radio programs during the broadcasting process, immediately upon request of the Commission and publish broadcasting program once a week.[21]

 

 

Language

 

There is no legislative act regulating state and minority language issues except constitutional provision mentioned above.

 

Broadcasting and minorities

 

In Samcke-Javaxeti region settled compactly by ethic Armenians there is a local TV station ATV-12, that broadcasts mostly on Armenian and Russian languages. In Ninotsminda region functions TV company RTV-Faravana broadcasting also on Armenian and Russian languages There are no local radio stations. Nevertheless the information vacuum is serious problem in this area. Only source of information from other parts of Georgia here is Vestnik, news program on Russian language provided by state television six times per week (total duration 140 minutes per week). Apart of it, inhabitants of this region receive programs directly from Armenia and in addition Russian military base manages to receive some programs from Russian Federation. The same problem exists in Shida Kartli resided mostly by Azerbaijans. No means of broadcasting except Vestnik is available for them on Russian or Azerbaijanian language.  They appealed to state television to allocate certain time of broadcasting on Azerbaijanian language, but their efforts were useless.

National State radio station is used to disseminating information on Armenian , Azerbaijanian  and Greek languages (one hour duration of each), but recently it had to change transmitting frequency, due to dept to state budget. It turned out to be a great impediment for regions settled by these minorities, because mentioned frequency is accessible only by means of additional equipment not available for most of minorities.

 

Georgian  radio broadcasting company Green Wave managed to establish its station in South Ossetia. This station broadcasts all 24 hours on ossetian language.

 

 

Current developments

 

Only in the beginning of the year active discussions began on the draft law on state language. It claims that all citizens of Georgia are obliged to know state language - Georgian or Abkhazian in Abkhazia[22]. Government hardly makes any efforts to strengthen Georgian language in regions compactly settled by minorities and at the same time demanding from them ultimate knowledge of state language. Mostly minorities practice their own language. If State policy would promote above mentioned article, quite a big number of members of minorities would be obliged to loose citizenship of Georgia.

 

Article 32 of draft law suggests that as rule newspapers and magazines must be published on state language. This standard concerns TV and radio broadcasting. Only in case of necessity this law allows 10 percent of whole broadcasting on other languages. This norm violates right of freely receive and impart information. 

 

Conception on law on Public Service Broadcasting is being worked out at a present. It relates to setting up of such kind of broadcasting that take into consideration interests of every social groups and minorities regardless of language also. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Constitution

 

Article 6

1. The Constitution is the supreme law of the state. All other legal acts shall be issued in accordance with the Constitution.

2. The legislation of Georgia corresponds with universally recognized norms and principles of international law. International treaties or agreements concluded with and by Georgia, if they do not contradict the Constitution of Georgia, take precedence over domestic normative acts.

Article 7

The state recognizes and defends universally recognized human rights and freedoms as eternal and supreme values. The people and the state are bound by these rights and freedoms as well as by current legislation for the exercise of state power.

Article 8

The state language of Georgia is Georgian; in Abkhazia, Abkhazian is also the state language.

Article 19:

 

  1. Every individual has the right to freedom of speech, thought, conscience, religion and belief.

 

Article 24:

 

  1. Every individual has the right to freely receive and disseminate information, to express and disseminate his opinion orally, in writing or in any other form.
  2. The mass media is free. Censorship is prohibited.
  3. Monopolization of the mass media or the means of dissemination of information by the state or natural persons is prohibited.
  4. Clauses 1 and 2 of this Article can be restricted by law when conditions make it necessary to do so in order to guarantee and by the conditions necessary in a democratic society for the guarantee of state and public security, territorial integrity, prevention of crime, and the defense of rights and dignities of others, to avoid the revelation of confidentially received information or to guarantee the independence and impartiality of justice in a democratic society.

 

Article 38

 

"Citizens of Georgia are equal in social, economic, cultural and political life regardless of national, ethnic, religious or language origin. According to universally recognized principles and norms of international law all have the right to develop their culture freely without any discrimination any interference. They may use their language in private and public life."

 

 

 Law of Georgia on the Press and other Means of Mass Media

 

Article 3:

  1. Language of Press and other means of mass media is state language – Georgian language, in Abkhazia also Abkhazian language. In Georgia it is allowed impart information on any ether languages.
  2. State provides for all minorities lived on its territory the right to receive and impart information on their native or other languages.

 

 

Georgian Law on Post and Telecommunications

 

Article 4.         Principles of Activities in Telecommunications and Post Sector

1.       1.       Activities in the telecommunications and post sector of Georgia are carried out according to the following principles:

 

a) Equality for legal and physical entities in their activities and utilization of the proceeds;

b) Restriction of the monopolization of the post and telecommunications networks;

c)      (…)

d)     (…)

 f)    (…)  

g) Protection of the consumer's legal interests;

h)     (…)    

i)       (…)   

j)      (…)   

 

 

Article 20. Statute and functions of the GNPTRC

 

1.       The Georgian National Post and Telecommunications Regulatory Commission (GNPTRC) is a legal entity under public law and is a permanent independent state body, which is not governed by any other state authority/body.

 

2.       (…)

 

3.       (…).

 

4.       The Commission is authorized to grant licenses on activities in the telecommunications and post sphere in Georgia, and perform regulation of the activities of the license holder.

 

5.       (…)

 

 

Article 22. Members of the Commission and Terms of Membership

 

1.          The Commission consists of three Commissioners. The President of Georgia appoints the Commissioners for six-year terms and dismisses them.

 

2.          (…)

3.         (…)

 

 

Article 25. Appointment of Commission Staff Members and their Dismissal

 

The commission involves apparatus to provide carrying out its functions.  Only the commission is authorized to select, appoint, and dismiss apparatus staff, according to the rules established by Georgian legislation.

 

 

      Article 29. Appeal

 

Resolutions and decisions made by the Commission may be appealed to the court according to the rules established under Georgian legislation.

 

 

 

Article 31. Budget of the Commission, License Fees

 

1.       The Commission shall prepare the budget for the next year by September 1, of each year, reflecting all expenses and income of the commission, including salaries for commissioners and staff. The commission is obliged to publish its budget.

 

2.       20 % of license fee shall be transferred to the account of the Commission and is not an income, obtained through economic activities. 20 % of the license fee should be used to cover current expenses of the Commission.

(…)

3. (…)

4.  (…)

5.  (…)

 

 

 

Article 32. Annual Accounts of the Commission

 

The Commission draws up the annual report on its activities, which is submitted to the President of Georgia, Parliament and the Ministry. The account shall be available for the society.

 

 

CHAPTER VI.      LICENSING, CERTIFYING & OBSERVANCE OF METROLOGICAL NORMS IN THE TELECOMMUNICATIONS AND POST SPHERE

 

 

 

Article 34. Licensing Body in the Telecommunications and Post Sphere

 

1.       The licensing body in the telecommunications and post sphere is the Commission, which:

a)      Grants licenses on activities envisaged by this law and keeps a departmental register;

b)      Provides control upon observance of conditions envisaged by the license;

c)      Suspends, recommences or revokes the license, according to the rules established by the law;

d)      Publishes information on the suspension, re-commencement, or revocation of the licenses.

 

 

 

Article 36. Types of Activities Permitted by the License and Terms of Validity of

the License

 

1.       The license is granted for a ten year term; If the license holder during the term of the license does not violate conditions determined by the Georgian Law, including the normative acts of the Commission, the license is renewed (extended) for ten years based on the decision of the Commission.  In case the license is renewed the license holders has to pay license application fee and in certain cases defined by this law, initial portion of the license fee, corresponding to the amount determined at time of the renewal of license. When the terms of license validity are expanded, the Commission shall determine the initial amount of license fee. (0.05.2002 #1388)

 

Article 42.       Activities without a License

 

11. Broadcasting provided by the legal entity of common law established on the basis of state property or by a state government body established for the provision of Broadcasting at the moment of coming into force of this law, is not subject to licensing. The mentioned entities and state bodies that are obliged to keep the requirements determined for the broadcasters by this law are granted the frequencies used by them by the Commission at the moment of the enforcement of this law. (07.05.2002 #1388)

 

2.      (…) 

 

3.       (…)

 

4.       (…)

 

Article 47.       Main Objectives and principles of tariff policy

 

1.    Tariff Policy in the field of Telecommunication and Post shall support development of sector; economic, social, and legal stability in the state, protect consumer rights and creation of competitive environment. It shall promote availability of telecom and post service. The development and roll-out telecommunication and postal networks provides the basis for tariff policy.

 

2.        Basic objectives of the tariff policy are:

a)     Promotion of effective and efficient telecommunication and post services for all social groups and development of customer oriented types of services;

b)     (…)

c)     Create proper conditions for development of entrepreneurship environment, for extension of healthy competition, quality services and modern technologies;

d)     Ensure availability of services, provided through Telecommunication and Post network and facilities for the consumers;

 

Chapter VI1. Broadcasting Licensing

 

Article 451. Broadcasting Licensing Body

Only the Commission is authorized to issue broadcasting license in compliance with the rule determined by the legislation and keep the community principles.

 

Article 452. Limits for Broadcasting Licenses Acquisition

Following persons or entities should not be granted a broadcasting license:

a)      State government body of foreign country and its representatives;

b)      Citizen of foreign country, the person with no citizenship and their representatives;

c)      The entity registered  according to the foreign legislation, its representatives and subsidiaries;

d)      The entity registered according to the Georgian legislation, if 50% of authorized capital stock of such entity belongs to the subject considered in sub-articles “b”-“c” of this Article.

 

Article 454. The Rules of Broadcasting Licensing

  1. A decision of the Commission on the issuing of a license for broadcasting provided through/by terrestrial stations of satellite systems, cable, or frequency spectrum should be made within 45 working days of the submission of the application; and the license for broadcasting provided through/by the frequency spectrum shall be issued through competition.
  2. For the purpose of acquiring broadcasting license, the seeker shall submit to the Commission an application that should consist of the following:
    1. for a physical entity – first and last name, date and place of birth, data of registration, address and citizenship;
    2. for a legal entity – title of the organization, organizational-legal form, legal address (locality), data concerning the registration in the manufacturing register, first and last name of the authorized representative, information on founders (for the legal entity – title of the organization, legal address, data of registration; for the physical entity – first and last name, date and place of birth, citizenship);
    3. type of broadcasting required by the seeker;
    4. business-plan;
    5. supposed geographical area for the dissemination of TV and radio programs;
    6. supposed duration of broadcasting within 24 hours;
    7. broadcasting technical means;
    8. supposed broadcasting program in the case of license acquisition.
    9. (...)

 

 

Article 455. The Rules of Broadcasting Licensing through Competition

  1. Unused frequency is determined on the basis of a frequency allocation scheme set up by the Commission in compliance with the international regulations of the Radio-Union.
  2. Broadcasting priorities are determined by the Commission in consideration of public opinion. Public opinion is studied by the Commission.
  3. (...)
  4. (...)

 

 

6. (...)

 

  1. (...)
  2. (...)
  3. (...).
  4. The winner should be determined by the following criteria:
    1. technical;
    2. financial;
    3. programming, including quantity of local production.
  5. (...)
  6. (...)
  7. (...)
  8. (...)
  9. (...)

 

 

Article 4510. Obligations of a Broadcaster

  1. During the broadcasting process, the broadcaster is obliged to keep to the rules determined by international agreements, the Georgian organic law “Georgian Electoral Code” this law, and to existing Georgian laws on: “An author’s and the Related Rights”, “Protection of Minors from Harmful Influences”, “Advertisement”, and “State Secret”.
  2. (...)
  3. The broadcaster shall submit to the Commission all documents confirming its authority for the dissemination of TV and radio programs during the broadcasting process, immediately upon request of the Commission.
  4. The broadcaster shall publish broadcasting program once a week. (07.05.2002 #1388)

 

 

 

 

 

 

 

 

 

 

 

 


[1] Constitution of Georgia, article 38

[2] Constitution of Georgia, article 6

[3] Constitution of Georgia, articles 19 and 24

[4] Constitution of Georgia, article 8

[5] Constitution of Georgia, article 85

[6] Law of Georgia on Citizenship of Georgia article 4

[7] Law of Georgia on Culture article 6

[8] Law of Georgia on Education, article 4

[9] Law of Georgia on Press and other Means of  Mass Media, article 3

[10] Law of Georgia on Press and other Means of Mass Media, article 6

[11] Law of Georgia on Press and other Means of Mass Media, article 4

[12] Law of Georgia on Press and other Means of Mass Media, article 12

[13] Law of Georgia on Post and Telecommunications, article 4

[14] Law of Georgia on Post and Telecommunications, article 20

[15] Law of Georgia on Post and Telecommunications, article 22

[16] Law of Georgia on Post and Telecommunications, article 36

[17] Law of Georgia on Post and Telecommunications, article 452

[18] Law of Georgia on Post and Telecommunications, article 45

[19] Law of Georgia on Post and Telecommunications, article 42

[20] Law of Georgia on Post and Telecommunications, article 455

[21] Law of Georgia on Post and Telecommunications, article 4510

[22] Draft Law on State Language, article 11