Case-NGO "Village of Future" VS Maia Asatiani
Council chairperson: Nino Zuriashvili
Council members: Maia Metskhvarishvili, Tazo Kupreishvili, Jaba Ananidze, Nino Japhiashvili, Maia Mamulashvili
Applicant: non-entrepreneurial legal entity Village of Future
Respondent: Maia Asatiani
Descriptive part:
The Georgian Charter of Journalistic Ethics received application from non-entrepreneurial legal entity "Village of Future". According to the applicant, Maia Asatiani had violated Principle 1, 3, 7, and 10 of the Charter. The applicant’s statement reads the breach of Principles in Rustavi 2’s Profile issue from April 14, 2016. The program, hosted by Maia Asatiani, concerned the cult of Stalin- its respect in a part of society. The first block of the program featured Ilarion Samkharadze and Nino Siradze that regarded Stalin as a saint. That part constituted the reason behind the applicant’s claim suggesting the violation of the Charter’s principles.
The case hearing was attended by Village of Future representatives. The respondent didn’t show up, nor produced any response.
Motivational part:
Principle 1 of the Charter- "Journalist must respect the truth and the right of society, in order to receive accurate information".
The application says the inaccuracy consisted of referring to Ilarion Samkharadze as "meupe"(Your Grace). In the course of verbal hearing the applicant changed its reasoning to Principle 1, specifying that its violation was expressed in a form of address to Nino Siradze, namely, the host addressed her as "mother". Non-entrepreneurial legal entity Village of Future stressed that such form of address mislead the society by implying Nino Siradze being member of the Georgian Orthodox Autocephalous Church, which didn’t correspond to the truth.
As to the above reasoning the Council pointed out that the program’s guest herself asked the host to address her as "mother", which doesn’t automatically imply her having a certain status in the church hierarchy. Specifically, Maia Asatiani asked Nino Siradze: "you asked me to address you as "mother", so are a nun?" Accordingly, the Council believes that addressing Nino Siradze as "mother" didn’t constitute a violation of the Charter’s first principle.
Principle 3- "Journalist must report information based solely upon facts from confirmed sources. A journalist must not conceal important facts, nor falsify documents and information". The applicant’s opinion on the breach of this principle suggested the journalist had concealed the fact that Ilarion Samkharadze had his clerical authority suspended.
In turn, the concealment of this fact, considering Ilarion Samkharadze’s wearing priestly garb, being addressed accordingly, left an impression that he had been expressing position of the Georgian Orthodox Autocephalous Church. The Council cannot, for that matter, share the applicant’s reasoning, as the program mentioned a few times that Samkharadze wasn’t representative of the Georgian Orthodox Church.
In particular, the host poses question on Samkharadze’s legal status : "excuse me for asking that, but as far as I know, you, Your Grace, have been excommunicated". The program also contains a telephone interview with Secretary of Catholicos-Patriarch of Georgia, Michael Botkoveli, saying that Ilarion Samkharadze has been dismissed from the effective post of bishop, and doesn’t represent the Church’s position.
It should be stressed thereon, that the interview with Michael Botkoveli had neither preceded nor immediately followed the one with Ilarion Samkharadze. Consequently, the Council’s opinion suggests it would have been more appropriate if the viewers had been informed, either prior to introducing Ilarion Samkharadze or following the end of the interview, that he hadn’t been an official representative of the Georgian Orthodox Autocephalous Church. However, as the journalistic liability to provide complete information to the viewer had been complied with, there cannot be decision in favor the violation of Principle 3.
Principle 7 and 10 of the Charter: "[7] Journalists must understand the dangers of encouraging discrimination on the part of the media; therefore, he/she must exert every effort to avoid discrimination of any person on the basis of race, sex, sexual orientation, language, religion, political and other opinion, national or social origin, or any other grounds.".
The part of the program at issue requires comprehensive consideration with respect to both principles. The Council’s preliminary opinion suggests it doesn’t possess the verified information on Ilarion Samkharadze’s health. Also, divulging or discussing information on a person’s health state is outside the Council’s sphere of reference. However, the manner in which questions were posed by the host in the program, as well as the respondent’s answers, leave the viewer an impression that Ilarion Samkharadze had certain mental condition issues. For instance, Nino Siradze’s reply to one of the host’s questions- "the Synod then decided: on account of mental illness, bishop Ilarion Samkharadze be released from the eparchy’s priesthood, with the preservation of the rank". The second respondent, Archil Chkoidze, stressed that the person [referring to Ilarion Samkharadze] had declared having mental issues, and had been dismissed for that ground", and most importantly, Michael Botkoveli, expressing the Patriarchate’s position, also said: "an extract of the relevant protocol of the Holy Synod reads Ilarion Samkharadze being ill and released thereby from effective clerical office".
According to the Council, dissemination of either verified or tentative information on person’s health state constitutes violation of the Charter’s 10th principle. In addition, there had been no public interest towards Ilarion Samkharadze’s health condition. The respondents’ replies give the viewer and impression that Ilarion Samkharadze had been suffering from mental issues, which constituted the basis of his discrimination and becoming the object of the mocking tone expressed by both the program’s host and other participants.
Canonization of Stalin doesn’t reflect the official position of the Georgian Orthodox Autocephalous Church, thus consideration of the issue with an unauthorized person, whom the audience had apparently regarded during the course of the program as a person suffering from mental issues, constituted an attempt of ridiculing the person in question. That had, it turn, added to the stigma that mental sufferers do not have a permanent adequate perception of reality, and there position being a subject of mockery. Mental issues consist of a great variety of forms, and many of them do not affect a person’s ability of perceiving and communicating events, and the graveness of any such state may only be determined by a qualified specialist.
Furthermore, a person with mental disorder cannot be restricted the freedom of expression. The Council, therefore, believes Ilarion Samkharadze has been discriminated on the ground of health condition.
Operative part:
Based on the above the Council ruled:
- Maia Asatiani has violated Principle 7 and 10 of the Charter.
- Maia Asatiani hasn’t violated principle 1 and 3 of the Charter.
