Freedom of the Press 2008 - Georgia

Status: Partly Free
Legal Environment: 14 (of 30)
Political Environment: 28 (of 40)
Economic Environment: 18 (of 30)
Total Score: 60 (of 100)
(Lower scores = freer)

The constitution and the Law on Freedom of Speech and Expression guarantee press freedom, but these rights are often restricted. Press laws, as well as most other laws adopted by the Saakashvili government, are very progressive. Libel has been decriminalized and freedom of information legislation has been adopted. However, in practice, the government's willingness to implement this legislation has decreased. As a result, the relationship between the government and the media has deteriorated. While legislation guarantees access to public information, other legislation limits this right. Amendments to judicial legislation banned photo and video records in courtrooms. Media are often forced to go through the court system to uphold the right to access public information when they are denied from public institutions. Throughout the year, media faced illegal searches, closures and unfair and non-transparent license regulations. The members of the media regulatory body, the Georgian National Communications Commission (GNCC) are appointed by the president was criticized by media observers for its non-transparent operations and licensing procedures.

The relationship between the government and the media hit its lowest point during the fall crisis, which was the worst political crisis in Georgia since the 2003 Rose Revolution. Prior to the fall political crisis, which spun into a major blow to Georgia's democratic image, media observers noted a slight improvement in the media environment from the previous year. The government, having secured a strong majority in local elections the previous year, took on a more relaxed attitude towards the media in the first half of the year. Observers marked a decrease in indirect pressure on the media. Strong economic growth was also positively affecting the financial positions of media. But media freedom, along with other political and civil rights, was harmed as a result of the political crisis in the fall of 2007. On 7 November, anti-government protests and increasing tension between the government and the opposition erupted in violence when the government authorized police to use heavy-handed tactics to disperse protestors. During the day of unrest, police illegally raided the independent and pro-opposition Imedi TV station, co-owned by wealthy businessman (and then presidential candidate) Badri Patarkatsisvhili and News Corp. Imedi and local Tbilisi independent Kavkasia TV were both suspended, for inciting anti-government protests. The following day, President Mikheil Saakashvili announced he would resign, called a snap presidential election, announced he would run for reelection and imposed a 10-day state of emergency that banned all local and foreign broadcasts except for public television. Ineffective newspaper distribution failed to provide access to news for the entire country during this period. While other stations resumed broadcasts once the state of emergency was lifted, Imedi's license remained suspended until 12 December. Throughout the protests during this time, journalists faced a hostile environment and were the victims of intimidation and attacks.

Through the end of the year, the media environment remained highly politicized. Pro-government stations, such as Rustavi-2 and Merz, provided more positive coverage of the incumbent, while independent stations grew more pro-opposition in their editorial positions. In December, six well-known reporters from Imedi and Rustavi-2 resigned in protest over pressure to maintain pro-opposition or pro-government coverage. Imedi was forced to close down again before the end of the year following the resignations. Authorities in the separatist regions of Abkhazia and South Ossetia continued to restrict media freedom. Local and foreign journalists are frequently intimidated and detained and there is little access to local or foreign information.

For a small country, Georgia enjoys a high number of broadcast and print media. Despite the political turmoil, most media continued to operate and express diverse views. There are 200 independent newspapers and at least eight independent or privately-owned television stations, five of which have nationwide coverage. Financially, the print media are not self-sustainable. As of January 2007, print media no longer receive tax benefits. While newspapers are still exempt from the 18% value added tax (VAT), there are often long delays in receiving the refunds. Information about media owners is not transparent and often journalists and reporters do not know the real owner of the media company for which they work. At the end of the year, ahead of the 5 January presidential election, advertising became a political tool with Saakashvili able to dominate free and paid airtime. The opposition, already dealing with a short and surprising campaign period, had poor funding and was left without a major nationwide broadcast platform, first due to the state of emergency and then because of Imedi's suspension. While Internet usage is expanding in Georgia, only 7% of the population regularly accesses information online,