The rule for accreditation of media representatives in the Parliament of Georgia, introduced in February 2023 by the order of the Speaker of the Parliament, Shalva Papuashvili, is being appealed to the Constitutional Court.
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The appeal was issued by an NGO Georgian Democracy Initiative (GDI) on behalf of TV Formula journalist Giorgi Kikabidze and cameraman Genadi Kvachakhia. The parliament suspended the accreditation of the plaintiffs for a month for asking Irakli Zarkua a question regarding the scrapping of visa requirements by Russia for Georgian citizens.
According to the norms being challenged, the accreditation of a journalist can be suspended if a journalist does not stop with the interview after a member of the parliament, an employee of the office, or a person visiting the parliament refuses to give the interview. GDI argues that based on the constitution of Georgia, restricting the right to receive and impart information to shield parliament members from unwanted questions is unacceptable.
“The disputed norms do not account for a number of procedural guarantees, which are important for journalists to ensure the protection of their rights, namely:
- The chief of staff of the Parliament makes a decision on the suspension of accreditation without considering the position of the journalists.
- The matter of balancing between personal and public interests is not taken into account when making a decision. The chief of staff does not evaluate which is more important for a democratic society: the exercise of rights by a journalist in the parliament building, or the discomfort of a parliament member caused by being confronted with unwanted questions or an interview.
- When making a decision, the identity of the interviewer is not regarded, and the accreditation suspension applies not only to the journalist who proceeds with an interview after refusal but also to media personnel who provide technical support, like cameramen. This is exemplified by the suspension of accreditation for the claimant Genadi Kvachakhia, who was recording the interview as a cameraman and did not ask any questions to the respondent.
Based on all of the above, we believe that the norms in question contradict Article 17 of the Constitution of Georgia, which stands for freedom of expression, right to receive and impart information, and also media freedom,” said the human rights organization.
The Chairman of the Parliament, Shalva Papuashvili, issued a decree on February 6, which imposes restrictions on journalists during their work in the Parliament. Specifically, it obliges journalists to cease the interview if a parliament member, office employee, or parliament visitor refuses to be questioned. Also, not to photograph open documents, screens of phones, or any other electronic devices in a way that reveals the contents, without consent. If these established rules of conduct are violated, the chief of staff is entitled to suspend the accreditation of a journalist for a month, and in case of repeated offense, for six months.
