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2008 Assessment

Georgia: Integrity Indicators Scorecard

Georgia: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	100
7	Are citizens able to form broadcast (radio and TV) media entities?	44
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	50
10	Are the media credible sources of information?	15
11	Are journalists safe when investigating corruption?	67

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Constitution of Georgia, Article 19 Law on Freedom of Speech and Expression from 2004; Criminal Code; General Administrative Code

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Constitution of Georgia, Article 19 Law on Freedom of Speech and Expression from 2004; Criminal Code; General Administrative Code

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments:

References: There have been no reports on barriers to form a print media.

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: No special license is requested.

References: Civil Code of Georgia

Peer Review Comments: No license is required.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments:

References: No special license is requested.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

References: No license is required.

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: All Georgian TV media with national coverage are under the effective control of the government. After Imedi TV was shut down by force, there is no independent national TV outlet in Georgia.

References: International Media reports on brutal intervention on the premises of independent TV company by police, Nov.7, 2007 HRW, Freedom House, IFEX, Article 19 reports on developments in Georgia in November 2007 see: "Putinization of Georgia: Georgian Media after the "Rose revolution", 2008 report of the HRIDC of Georgia, at: [ LINK ]

Peer Review Comments: At the local level, there are still opportunities to establish TV media companies.

Peer Review Comments: Georgia has never had an independent TV station starting from Shevardnadze era. Independence should not be measured by the station's allegiance to the opposition forces. During the last years of Shevardnadze regime, Rustavi 2 was considered an independent media source, only to be deemed as a handmaiden to the state after the Rose Revolution. Imedi TV was not independent before November 7 and is not independent now. The only thing that changed is the ultimate power on which Imedy is dependent.

The independent status of media and journalists should be measured by their objectivity and not by their constant outcries against the authorities.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: Law on Broadcasting, from December 2004, Chapter IV, Rules of Appeal, Civil Code

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: According to the Law on Broadcasting, there is a 30 day-period for obtaining a license, yet it can be extended up to six months if problems arise. As bandwidth as a scarce resource by the Communications Regulatory Commission, virtually no new license can be issued in Georgia. Several TV companies have been shut down, but no new companies have been established. Establishing a radio station and getting a license is easier and possible.

References: Freedom of Expression in Georgia; by the Georgian Young Lawyers' Association, Tbilisi, 2007; at [ LINK ] CHANGES IN GEORGIAN MEDIA INDUSTRY REFLECT POLITICAL INFIGHTING ... Established in 2003, it still cannot start broadcasting due to artificial barriers created by authorities, the television founder Temur Shengelia complained. The case of TV company Europe is still pending. see at: [ LINK ]

Peer Review Comments: I do not agree with the comment that no new licenses can be issued because bandwidth is a scarce resource. Licenses can be issued as there are still many vacant frequencies.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: Costs vary as to the type of license that is required: for regional or national broadcasting, which frequency, etc.

References: Law on Broadcasting.

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published on-line.

Score:

100

Comments:

References: There have been no reports about online information.

8b: In practice, the government does not censor citizens creating content on-line.

Score:

100

Comments:

References: There have been no reports on internet content restrictions.

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: Law on Freedom of Speech and Expression requires accurate news reporting, but there are no sanctions or administrative measures in case of violation of this rule.

References: Georgian Administrative Code; Georgian Law on Freedom of Speech and Expression, arts. 52 and 54

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: The question is irrelevant for the Georgian TV context -- as all national TV channels are controlled by the government there is a direct control of the entire media. Journalists recognize that there are lists of issues that shall never be reported on, as well as lists of people never to be interviewed. The situation is different in print media, where stories on all topics are published.

References: Interviews with Journalists of TV company MZE. Recently TV MZE information program was shut down and forced off the air. see: "Putinization of Georgia: Georgian Media after the "Rose revolution", 2008 report of the HRIDC of Georgia, at: [ LINK ]

Peer Review Comments: We have many local TV channels and radio stations that cover corruption stories.

Peer Review Comments: I would argue that the journalists recognize that there are lists of issues connected to their de facto or de jure owners that they should not cover. This was the case with old Imedi TV as well.

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: Print media has little influence in Georgia, due to small printing volume and limited distribution. Thus TV is really what matters and here we have full control by the government.

References: There are no reports on such restrictions in print media. National TV and Radio are fully controlled by the government, with all the consequences of content control.

Peer Review Comments: The print media have more freedom.

Peer Review Comments: The government prevents publication of controversial corruption-related material in cases where there is a strong political incentive to suppress the information. The government allows a free print press but censors broadcasts.

Are the media credible sources of information?

10a: In law, print media companies are required to publicly disclose their ownership.

Score:

YES

Comments: Law was recently changed and this information [of ownership] does not appear in public papers anymore. However this story is not finished yet, as there is a case pending before the constitutional court challenging its constitutionality. So, we should wait for the end of proceedings.

References: Civil Code of Georgia; Law on Entrepreneurship

Peer Review Comments: There is no such obligation in the law. On the contrary, the state registry does not even indicate the owners in official communications. This information is protected and not disclosed.

10b: In law, broadcast (radio and TV) media companies are required to publicly disclose their ownership.

Score:

YES

References: Civil Code of Georgia; Law on Entrepreneurship

Peer Review Comments: There has been an amendment recently to the law on broadcasting which elaborates rules of disclosure. So, it is not like it used to be before when broadcasters were obliged to disclose ownership.

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: There is no formal journalistic code of conduct or any document on professional practices of journalists and editors that Georgian media adhere to. Selling stories, being politically corrupt or unprofessional are common problems.

References: Freedom House 2008 report

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: By all assessments (domestic and international), media coverage was biased during the last two elections, in January and May 2008. Political corruption was present on both sides. All national TV and radio shows were dominated by the presence of the governmental candidates, while coverage of the opposition was mostly negative. The same was true for the Tbilisi-based TV Kavkasia, a small opposition station that ran a very positive coverage of the opposition campaign.

References: OSCE report on the 2008 elections in Georgia; Reports from the joint press center of GYLA, ISFED and NGNI. Prime-Time reports on time distribution among candidates

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

References: OSCE report on the 2008 elections; NDI reports on the 2008 elections;

Peer Review Comments: Even though reports identify bias on the media's side, they all agree that the public broadcaster was more balanced and fair then any of the others and provided sufficient time for all candidates. The public broadcaster is not state-owned but it is funded from the budget.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: There have been no media reports.

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: There were many such cases, especially in the regions. There were more than a dozen cases reported of physical abuse over journalists all over the country, for reporting on corruption, or otherwise abuse of power by public officials.

References: See reports of Freedom House and HRW on the 2007 media situation in Georgia See report on violence against media, released by the Republican Party of Georgia, at [ LINK ] see: "Putinization of Georgia: Georgian Media after the "Rose revolution", 2008 report of the HRIDC of Georgia, at: [ LINK ]

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: There have been no media reports.