The fact-finding mission by Partner Organisations of the Council of Europe’s Platform for the Safety of Journalists and the Media Freedom Rapid Response (MFRR) consortium issued its interim findings which found that press freedom and the safety of journalists are at risk, the polarization is rising and there is a climate of fear in the country. The findings have been issued following the mission’s visit to Tbilisi from October 1 to October 2. The aim of the visit was to assess the local media environment, including in the context of the upcoming elections. The mission met with journalists, civil society and political and institutional leaders.
Meanwhile, the international watchdog Reporters Without Borders, which took part in the assessment, wrote on its Twitter (X) page: “Press freedom under threat in Georgia! Our fact-finding mission in conjunction with CoE MediaFreedom has uncovered threats to journalists and a climate of fear in the run-up to the elections. Independent voices face constant attacks and heavy censorship.”
The Interim Findings
The mission said that it has observed “the deterioration of press freedom as well as human rights at large in Georgia.” The findings note that “It has been made clear to us that a wide range of tools and mechanisms are used to discredit and curtail dissenting voices, including those of independent journalists.” Expressing the solidarity with the journalists, media, press freedom and civil society organizations, the mission says: “We came with concerns about media freedom, but we were appalled by what we heard.”
The findings’ report consists of several parts, concerning issues such as media situation ahead of the election, concerns over recent legislation, safety of journalists, SLAPP lawsuits against media, access to information and others.
Media Situation Ahead of the Election – mission found that democratic backsliding and human rights violations “go far beyond the erosion media pluralism and violations of press freedom. Civil society as a whole is facing an illiberal drift, characterized by a weakening of democratic checks and balances.”
Concerns over Recent Legislation – The meetings with media and CSOs revealed concerns over the recently passed laws “On transparency of Foreign Influence” and “On the Protection of Family values and Minors.” These include obstacles to the normal functioning of media outlets and media rights organisations, which are obliged to register under the Foreign Agents’ law. It’s noted that only a small number of CSOs and one media outlet had so far consented to register. The laws, the report says, are perceived as tools of the ruling GD party for exerting pressure on the media. The report notes that the law already has a significant chilling effect on CSOs and media outlets and has lead to self-censorship, intimidation of journalists’ sources, and a hostile environment, preventing journalists from reporting from the field. Polarization and lack of political debates between the has been identified as a problem.
Safety of journalists: a feeling of fear and exodus from the profession – the meetings revealed that journalists ar attacked physically, verbally, legally and financially and that journalism has become “a dangerous occupation in Georgia.” Journalist often “take chaperons to journalistic assignments, due to the fear of attack. Many have left the profession, while “several media outlets reported that they were making arrangements to register their media abroad.” The interim findings note that the threats, short-term detention, cases of alleged abuse of the administrative code and targeted smear campaigns in social media were reported by journalists themselves and media rights organizations.
Impunity for crimes and intimidation of journalists – “Most of the organisers and perpetrators of physical assaults, threats, smear campaigns or other pressure on journalists are not prosecuted” the findings state. The interim findings note that the perpetrators and organizers of the attacks on journalists in July 2021 have not been held accountable to this day.
Public Service Media – The report states that the amendments to the Georgian Public Broadcaster funding (from fixed GDP percentage to annual allocation in the state budget) were adopted without prior assessment, consultations with GPB or an open public debate.
SLAPP Lawsuits against media – Lawsuits concerning defamation against media are used as a tool by high-ranking politicians and businesspeople affiliated with the ruling party, less by private actors. The report notes that the problem is exacerbated by the lack of independence of the judiciary system.
Access to information – The findings indicate that reportedly, critical and investigative journalists have the most difficulty receiving replies to their requests due to the absence of the Freedom of Information law, while the existing norms of replies by public agencies to journalists requests are frequently ignored. “Moreover, rules have been imposed which limit journalists’ presence in the Parliament and accreditation is used as a tool of curbing independent reporting,” notes the report adding that this year, journalists were not allowed in the Parliament during the vote on Foreign Agents’ law.
The interim findings provide the following recommendations:
●Guarantee a safe and free working environment for journalists. Ensure that journalists can cover the pre-election period and elections without obstruction or interference.
● Pieces of media legislation which are not in line with international freedom of expression standards should be revised, the Law on Transparency of Foreign Influence and the Law on protection of Family Values and Minors must be repealed.
● Ensure the proper implementation of the media legal framework, with a particular focus on the law regarding Free Access to Information. Establish relevant bodies where necessary to support and oversee the effective enforcement of these laws.
● Foreign journalists who are in exile in Georgia must be allowed to work freely and not be denied access to the country.