Head of Council: Nana Biganishvili
Council Members: Giorgi Suladze, Gela
Mtivlishvili, Kamila Mamedova, Lika Zakashvili, Giorgi Mgeladze,
Irma Zoidze
Descriptive
Part
Giorgi Meladze applied to Georgian Charter of Journalistic Ethics.
He thought that material aired on Imedi TV, in the show “Irakli
Chikladze’s Imedi’s Week”, about murder in Khada gorge, violated
Charter principles 1 and 10. Host/author of the show Irakli
Chikhladze and the author of the disputed material Tamar
Gogesashvili were designated as respondents.
Applicant attended the hearing. Respondent journalists did not
attend the hearing or provide counterclaim.
Motivation
Part
According to the Charter principle 1 – Journalist must respect
truth and society’s right to get precise information. As was
mentioned above, the material was about murder of two US citizens
and their child in Khada gorge. During the preparation for the
show, one of the accused was a shepherd – Malkhaz Kobauri, who
asked for jury trial. Of course such cases deserve objective public
interest, but in this situation, Council underlines two factors: 1.
the way that journalist delivered news to the audience; 2. the fact
that jury was deciding the case outcome.
The material follows the agenda of prosecutor’s office – as is
evident, prosecutor provided the journalist with all evidence that
would have been presented in the court [DNA samples, photos,
witness testimonies, possible weapon, investigation experimental
and other expertise samples]. Moreover, big part of the material is
dedicated to the interview with prosecutor’s office representative,
who talks about facts in a declarative manner. The material is
similar to the prosecutor’s testimony in the court, which is given
a semblance of journalistic product. There is no attempt to verify
prosecutor’s version, evidence from the journalist. She delivers
their opinion as proven facts. Material shows an interview with a
lawyer of Malkhaz Kobauri, who comments on one of the evidence of
the prosecution and questions it, but the opinions of parties are
not equally well presented.
The material does not show whether journalist herself has questions
to the investigation and their evidences. She does not ask
clarifying and critical questions to the prosecution’s
representative in an interview. According to the criminal code
principles “every doubt is resolved to the benefit of the accused”
which underlines the fact that in a criminal case government has
more responsibility and obligation to prove the crime. If the
journalist has decided to cover such issues, journalist shares the
similar responsibility. They have to showcase it with depth and
details according to evidence. Journalist is obligated not only to
formally provide both opinions to public, but to look at the
evidence critically herself, verify them as well as possible and to
not be just a mean of prosecutor’s office of forcing their view on
public. In some cases, the material was not even formally balanced.
For example, the host stated as a fact in an introduction the
following idea: “watch the case materials which prove physical and
sexual assault on Laura Smith”. The only way to prove assault is
the court’s decision.
Council also underlined the situation that the journalist
critically views and questions the defendant’s position: “Lawyer
does not have an answer on why the society must believe them. He
finds it hard to explain why did the seven people, who in his
version committed the crime and murdered the family and a 4 year
old child, leave the only witness, Kobauri alive, what they knew
about Kobauri’s being in the gorge and why did they take him to the
place, where in his version they kept Smith family. The conflict
started when Kobauri was already there. The main question is why
the people, who were there to kill Smith family, have only one
weapon – Kobauri’s hunting gun, which apparently did not even have
enough bullets on the place”. Journalist did not ask such critical
questions about prosecutor’s version. Moreover, she takes care of
their image in one of the moments by saying: “in the end, no matter
what type of discreditation is used by the defendant, it is
unimaginable, that an investigator asked shepherd to find bodies in
the gorge and take the pictures to verify information”. These
episodes strengthen Council’s opinion, that the journalist prepared
material not as a critical viewer but tried to make audience
believe that prosecutor’s opinion was correct.
At the end of the material, the text of journalist is directed
towards chosen jury members: “It is hard to say, whether jury
members will have these questions”. This underlines the idea, that
jury members make decisions based on human emotions and not only
facts. As it was mentioned above, the journalist tries to make
society believe that the prosecution is right. Jury members are
part of this society; therefore the material is directed towards
them too to create preconceptions in them before the case hearing,
which is not ethical journalism.
According to the 10th principle of Charter – Journalist must
respect privacy and must not violate it if there is no public
interest. In the material above, the details of probable sexual
assault on Laura Smith are publicized. The prosecutor describes in
detail how the body looked, the situation [possible forms of sexual
violence and the evidence] which proves the fact of sexual assault.
Charter Council refrains from providing details in this decision
not to support their dissemination. Council decided that there was
no objective public interest to these details and the journalist
was not obligated to publicize them. Therefore, 10th principle of
Charter was violated.
Resolution
Part
According to information provided above:
1. Irakli Chikhladze and Tamar Gogesashvili violated Charter
principles 1 and 10.