Decision on the case- MOD VS Neli Agirba, Eko Magradze, David Kakulia, and Giorgi Lapherashvili
25.02.2016

Applicant : Ministry of Defence;
Respondent : Neli Agirba;
Violated Principle : principle1;
Decision N 63
November 7, 2015

 

Decision N 63
November 7, 2015

On the case -  MOD VS Neli Agirba, Eko Magradze, David Kakulia, and Giorgi Lapherashvili

Chairperson of the Council: Nino Zuriashvili

Members of the Council: Irakli Absandze, Maia Metskhvarishvili, Jaba Ananidze, Tazo Kupreishvili, Irina Kurua.

Applicant: Ministry of Defence

Respondents: Neli Agirba, Eko Magradze, David Kakulia, and Giorgi Lapherashvili.

Descriptive part

The Georgian Ministry of Defense(MOD) applied to the Charter of Journalistic Ethics with a statement suggesting violation of Principles  1, 3, and 11 by journalists Neli Agirba, Eko Magradze, David Kakulia, and Giorgi Lapherashvili (as producer of the journalistic product)

The statement pointed out violation of the Charter’s principles by the story aired by Rustavi 2 on April 30, 2015, in 18:00 Courier release, alleging a sexual abuse of children committed by some peacekeeping mission servicemen in one of the Central African states

The case examination was attended by the applicant’s representative, Tamar Katsitadze, while the defendants had been absents and had neither submitted response. During the course of consideration the applicant’s representative waived her claim regarding the violations of Principle 11 of the Charter.

Note: the closed part of case examination, during the process of decision-making, went without the participation of one of the Council members, Tazo Kupreishvili, due to his and the defendants’ working in the same media outlets. In order to avoid speculations regarding the possible conflict of interests, Kupreishvili opted out from  in the examination.

Motivational part

According to Principle 1 on the Charter: " Journalist must respect the truth and the right of society, in order to receive accurate information." As stated above, the disputable story concerned the alleged sexual abuse of children on the part of peacekeeping mission militaries in a Central African republic. The story begins with the following phrase by the presenter: "Sexual abuse of children by some peacemaking mission militaries in a Central African republic also involved Georgian militaries". The phrase was presented in an affirmative form, making the viewer an impression that the fact of involvement of Georgian militaries in sexual abuse of children had been confirmed and verified. As suggested by the journalist, the scandalous information had been released by French editions.

The Charter’s Council found the sources that were the first to publish information on the alleged sexual abuse of children by peacekeeping mission militaries in a Central African state. The information also suggested the participation of Georgian militaries in this, but not affirmatively, and with reference to interviews with local residents. Therefore, statement in the affirmative regarding "the involvement of Georgian militaries in the sexual abuse of children in Central Africa by peacekeeping militaries" didn’t correspond with the accurate and verified fact. The following  circumstance is worth-noting as well: journalist in the story stressed that the act of violence took place in the period between December 2013 –June 2014, the time when Georgian servicemen were on a peacekeeping mission in Central Africa in June 2014, and when the Courier once again prepared a material on the issue on June 6, 2014. Accordingly, the possibility of the participation of Georgian servicemen in the sexual violence in diminished further. Based on all the aforementioned, the Council concluded that the statement in an affirmative form regarding the implication of Georgian militaries in the act of violence infringes Principle 1 of the Charter. With reference to Principle 1 the applicant specified that the phrase: "Scandalous information released today by French editions" was an incorrect fact. Namely, the applicant stressed that "not editions" by only 1 primary source-France Info. After verification the Council revealed that other media outlets had as well released the given information referring to France Info, which can be considered as information spread by "editions".

As per Principle 3 of the Charter- "Journalist must report information based solely upon facts from confirmed sources. A journalist must not conceal important facts, nor falsify documents and information". In connection with this principle the appellant argued that the controversial journalistic material had improperly mentioned the Guardian magazine. The Council studied the material featured in 18:00 Courier release, and revealed there had been no mention of the Guardian as a source, hence the appellant’s claim in this part was groundless.

Operative part

Based on the aforestated the Council resolved:

  1. Neli Agirba, Eko Magradze, David Kakulia, and Giorgi Lapherashvili (as producer of the controversial product) have violated Principle 1 of the Charter.
  2. Neli Agirba, Eko Magradze, David Kakulia, and Giorgi Lapherashvili (as producer of the controversial product) have violated Principle 3 of the Charter.

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