Georgia: Alarming Surge In SLAPPs Targeting Media And Journalists
The Coalition For Women In Journalism condemns attempts by the powerful and wealthy to stifle the free press
Location: Georgia
Date: June 28, 2023
Image: Umweltinstitut München
A damning report into abusive lawsuits shows an alarming rise in defamation cases targeting critical media. Georgia, once a beacon of anti-corruption efforts in the region, is now in danger of becoming a state captured by those in power, with little hope of justice for those who dare to speak out. The Coalition For Women In Journalism is alarmed by politicians and officials abusing the legal system to harass and intimidate the press.
During a TV Pirveli broadcast in June 2022, journalist Maia Mamulashvili alleged Tbilisi Mayor Kakha Kaladze had "pocketed" 60 million lari through tenders and corrupt practices related to city bus purchases. The mayor sued the channel, known for its critical views of the government, in response for defamation. A mere five months later, the court ordered TV Pirveli to pay 15,000 lari (approximately $5,600) to Kaladze for moral damages.
“This is a direct message to the civil society not to talk about the government and not to criticize it," Mari Kapanadze, then lawyer of the broadcaster, said about the ruling.
“This is a direct message to the civil society not to talk about the government and not to criticize it”
The court's expedited handling of the case is consistent with the pattern of fast-tracking frivolous libel lawsuits filed by officials or those linked to their interests. The situation raises concerns about freedom of expression in Georgia, with influential individuals initiating defamation disputes to bring critical media under censorship rather than to restore their rights or provide accurate information to the public.
The culprits behind the concerning surge of defamation lawsuits aimed at silencing journalists through Strategic Lawsuits Against Public Participation (SLAPP are often government officials or their associates, including family members and donors of the ruling party, Georgian Dream. Those claiming defamation include mayors, parliament members, ministers, police officers, and individuals with possible connections to the government.
“Out of 38 defamation lawsuits filed, two targeted civil organizations, leaving the majority of legal threats aimed at silencing the press”
The mother of a Georgian Dream MP Irakli Kobakhidze successfully sued TV Pirveli for defamation. A current minister — brother-in-law to the same MP — filed a lawsuit against the same media outlet.
Shockingly, out of 38 defamation lawsuits filed, two targeted civil organizations, leaving the majority of legal threats aimed at silencing the press.
Compromised courts
Georgia’s justice system has come under scrutiny for its suspected corruption, with four judges added to a US sanctions list in April 2023 for their alleged corrupt practices. The judges, who have presided over courts and held positions on Georgia's high council of justice, which oversees the legal system, have been accused by US Secretary of State Antony Blinken of engaging in "significant corruption."
Georgian courts also stand accused of failing to protect free speech and often ruling in favor of powerful people making groundless claims. Critics argue that in SLAPP cases, the courts are not following proper procedures and not providing equal opportunities for evidence presentation.
Additionally, judges are accused of punishing individual journalists instead of media companies and disregarding plaintiffs' motives.
Georgia – a state captured
Once held up as a model for anti-corruption efforts in the region, Georgia now finds itself in the grip of a government squandering any momentum to tackle this issue. The ruling Georgian Dream party — believed to be under the control of the country's wealthiest man and former prime minister, Bidzina Ivanishvili — has managed to capture key state institutions, including the judiciary and law enforcement.
“Georgian Dream has in recent years solidified its grasp on the judiciary and law enforcement bodies, effectively killing the political momentum needed to fight corruption,” Transparency International said in its 2021 Corruption Perceptions Index (CPI).
“Georgian Dream has in recent years solidified its grasp on the judiciary and law enforcement bodies, effectively killing the political momentum needed to fight corruption”
The result is that abuses of power at the highest levels often go unpunished, with dozens of cases of alleged high-level corruption identified by Transparency International's monitoring that have not been investigated.
The alarming situation suggests high-level corruption in Georgia is taking the form of kleptocracy, with officials systematically using political power to appropriate the country's wealth and undermine critical voices, including political opposition, media, and civil society.
CFWIJ has recorded frequent violations by Georgia’s ruling party and its associates against women journalists. In April 2023, the parliament resorted to revoking reporters’ accreditation of particular outlets. In March, a pro-government TV channel initiated a smear campaign against a women journalist who spoke openly about sexual harassment at the station. Georgia Dream’s mistreatment of the press raises concerns that it is battling to intimidate and silence those intent on exposing corruption and misconduct.
Impact on journalists
The implications of the rise of SLAPP against the press in Georgia are far-reaching. These lawsuits have a significant impact on journalists, including financial and emotional distress, and the risk of self-censorship. The financial burden of legal fees and potential damages can be crippling, especially for smaller media outlets.
The emotional toll of being sued, often by powerful individuals or organizations, can also be overwhelming. The fear of future lawsuits can also lead to self-censorship, where journalists may avoid controversial topics or critical reporting to avoid legal action. This ultimately undermines the freedom of the press and the public's right to access information.
The recent rise in SLAPPs against journalists in Georgia threatens the country's democratic institutions and the ability of the media and civil society to hold those in power accountable.
Most of these legal actions are initiated by politicians, high-ranking officials, or affiliated individuals against the media, with media organizations facing multiple concurrent lawsuits that pose a significant threat to their watchdog role.
Urgent action is needed to address this issue, and all stakeholders, including the justice system and the EU monitoring mission in Georgia, must work together to safeguard freedom of expression and protect those who seek to expose corruption and wrongdoing.
The Coalition For Women In Journalism urges the courts of Georgia to deal with nuisance lawsuits properly and to adhere to the law when judging defamation cases brought against journalists. This concerning rise in SLAPP cases must not continue.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
If you have been harassed or abused in any way, and please report the incident by using the following form.