Media Cases Take Long, Lack Fairness in Courts, Says Watchdog

Georgian courts take too long to review media cases, ignore the established court practice, and often place the burden of proof on the media – a newly published report by Transparency International-Georgia (TI-Georgia), a watchdog, says.

“These trends directly contradict established legal criteria and threaten the previously upheld high standard of freedom of speech and expression,” comment the authors, pointing to the trends as a worrying signal of the government using the courts to muzzle the opposition-minded media.

Unreasonably long process

The Courts often breach legal deadlines when reviewing cases filed by the media, the report found, which is in sharp contrast to an expedient review of the defamation cases filed against the journalists, the report reads.

For example, the hearing has not yet been scheduled on the lawsuit filed by TI-Georgia on behalf of 24 journalists in April 2022. By contrast, the defamation claims filed by the mother of the ruling party chairman, Irakli Kobakhidze, and Tbilisi Mayor, Kakha Kaladze, have been completed in six and three months, respectively, with rulings against the media.

Ignoring court practice in case considerations

The report says the Courts have ignored the legal provisions and the established legal practice, especially when it comes to the proof in defamation cases. While the law and past practice dictate that the evidence must be interpreted in favor of the freedom of speech, the judge placed the burden of proof on TV Pirveli in a defamation case and issued an unsubstantiated fine, the report reads.

Burden-of-proof problems also in labor disputes

The court’s inappropriate allocation of the burden of proof extends to labor disputes involving media representatives, undermining the standard of protection of labor rights. In cases such as Giorgi Lominadze v. Rustavi 2 and Giorgi Sukhitashvili v. Public Broadcaster, the court placed the burden of proof on the plaintiffs, contrary to established practice. These decisions, which are currently under review by the Supreme Court, reflect the government’s use of the courts to pressure critical media, the watchdog says.

TI-Georgia emphasizes that it is essential that the Supreme Court evaluates these cases objectively and upholds the established high standards of freedom of expression and protection of labor rights.

Also Read:

• 25/03/2023 – “TI Georgia”: Georgian Officials Submit Asset Declarations with Violations
• 29/03/2022 – TI Georgia on Simplified Public Procurement Amid Pandemic

This post is also available in: ქართული (Georgian) Русский (Russian)