The Tbilisi Court of Appeal did not grant the claim of the TV Pirveli company, and the decision in favor of Prime Minister Irakli Kobakhidze's mother in the defamation case remained unchanged.
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The panel of the Court of Appeal judges (Otar Sichinava, Gocha Jeiranashvili, Lasha Tavartkiladze) announced the decision today, March 5th.
"The Court of Appeal has once again unlawfully limited the media's freedom of expression and the broadcaster's obligation to provide the public with investigative journalistic content to stay informed about issues that may involve alleged illegality.
Several mistakes were made, including filing the lawsuit late and disregarding the statute of limitations by both the plaintiff and the court. It seems absurd to reason that TV Pirveli had to prove when the plaintiff, Tamar Zaalishvili, saw the story and shared the appeal. Even the court finds this completely illogical. Such reasoning could endanger other cases where the statute of limitations is used as a lever to protect one's interests," said Tornike Migineishvili, the lawyer of the TV company.
The TV Pirveli company will appeal the decision of the Court of Appeal to the Supreme Court.
The dispute concerns a report aired on the program Nodar Meladze's Saturday titled Fake Diplomas from the Basement. The former deputy dean of the Theater University, Marine Mikoutadze, accused Tamar Zaalishvili, Irakli Kobakhidze's mother and the former deputy director of the quality control center at the Ministry of Education, of signing the fake documents.
Tamar Zaalishvili sued in court and claimed that the story contained a slanderous statement damaging her honor, dignity, and business reputation. On September 20, 2022, Tbilisi City Court Judge Tina Vashakmadze granted Tamar Zaalishvili's lawsuit and ordered the TV company to pay 5 555 GEL. Journalist Maka Chikhladze and producer Nodar Meladze were also ordered to pay 5 GEL each. Additionally, they were instructed to refute the "false information" in the report. Marine Mikoutadze was also ordered to pay 5 555 GEL in favor of Tamar Zaalishvili.
The TV Pirveli company appealed the decision of the City Court to the Court of Appeal. According to the channel's lawyers, Tamar Zaalishvili's lawsuit was groundless, and the complainant filed it in violation of the statute of limitations. According to the Law of Georgia On Freedom of Speech and Expression, a defamation claim must be filed in court within 100 days after the person became aware of or could have become aware of the statement. The controversial story was aired on July 10, 2021, on the TV Pirveli. Accordingly, the statute of limitations for submitting the lawsuit expired on October 18, and Tamar Zaalishvili's lawsuit was dated January 12, 2022.
