Decisio N166
December 22, 2017


Head of Council: Giorgi Mgeladze

Council members: Tamar Uchidze, Jaba Ananidze, Tazo Kupreishvili, Nino Jafiashvili, Maia Mamulashvili.

Applicant: Lasha Bordzikuli [Hegumen Dionise]

Respondent: Khatuna Kontkhonjia

Description

Hegumen Dionise applied to the Georgian Charter of Journalistic ethics. He thought that the magazine “Tbiliselebi” issue of September 25 – October 2 article: “What was the relationship of model Koba Fartenadze with priest Giorgi Mamaladze and how was he oppressed by father Andria Turmanidze” violated Charter’s 1st, 10th and 11th principles. Article was by Khatuna Kortkhonjia.

Applicant Hegumen Dionise attended the hearing. Respondent did not attend it or provide written statement.

Proven facts:

Magazine “Tbiliselebi” issue of September 25th – October 2nd had the article: “What was the relationship of model Koba Fartenadze with priest Giorgi Mamaladze and how was he oppressed by father Andria Turmanidze”. Main part of the article was the interview with Koba Fartenadze, who was in one of the photos which the accused in relations with the “cianyde case” Giorgi Mamaladze said that prosecutor’s office was blackmailing him with. The information about interview was printed on the cover of the magazine accompanied by the photo of Koba Fartenadze and Hegumen Dionise together.

Article did not mention Hegumen Dionise or identify him in any indirect way.

Findings of the Council

According to the first principle of the Charter “a journalist must respect the truth and society’s right to get precise information”. Facts make it clear, that Hegumen Dionise did not have anything to do with the article, in relation to which his photo was printed on the cover of the magazine. Charter mentioned in multiple of decisions, that the printed photo on the cover, the title printed there, can be considered as separate journalistic product, because it is what creates first impression on the reader and there is a chance that they might not read the rest of the article, which leaves the chance that they will have incorrect opinions about the fact.

To analyze the case example, the first and the second facts mentioned in descriptive part create the perception that Hegumen Dionise was connected with Giorgi Mamaladze of father Andria Turmanidze oppressing Koba Fartenadze. The circumstances were made more sensitive because Giorgi Mamaladze is accused in “cyanide case”, where Koba Fartenadze was also mentioned. As a conclusion, Council wants to say, that using Hegumen Dionise’s photo was not connected to the journalistic product, created incorrect perceptions and impressions, therefore it violated the first principle of the Charter.

According to the 10th principle of the Charter: “a journalist must respect personal life of a person and not violate privacy if there is no specific public interest”. Charter contacted Koba Fartenadze to understand how the photo was obtained. As Koba Fartenadze told the Council, he had posted the photo publically on Facebook and gave the journalist permission to use any photo from his Facebook Page himself. Therefore, the Charter thinks that the privacy violation did not take place.

According to the 11th principle of the Charter: “journalist must consider the following as a severe work crime: distorting facts deliberately”. Charter did not see a reason or any other circumstances, which would have proven the journalist’s aim to deliberately print a photo where Hegumen Dionise was depicted even though he did not have anything to do with the product. In this case, Council thinks that only 1st and not the 11th principle was violated.

Resolution

From everything mentioned above:

• Khatuna Kortkhonjia violated the first principle of the Charter.
• Khatuna Kortkhonjia did not violate 10th or 11th principles of the Charter.