Not Upheld
25.04.2019
Head of Council: Nana Biganishvili
Council Members: Tamar Uchidze, Kamila Mamedova, Lika Zakashvili, Giorgi Suladze, Gela Mtivlishvili, Giorgi Mgeladze
Equality Movement applied to Georgian Charter of Journalistic Ethics. They thought, that the published by interpressnews.ge violated 8th principle of the Charter because of the photo of minor being used.
Representative of applicant, Tamar Razmadze attended the hearing. Journalist was not indicated in the article published. . Coucil secretariate asked the media company to identify, who was responsible for the material, but the information was not given and therefore, nobody was identified. In these situations, according to Charter guidelines, “unidentified person” can be given in the decision.
Council member Giorgi Suladze recused himself from the closed discussion of the case, because he works in the respondent media company.
According to the 8th principle of the Charter – Journalist is obligated to protect children’s rights; prioritize children’s interests in the professional work; not prepare and publish materials about children, which will harm them. Journalist should not interview or shoot a photo of a child less than 16 years old without their parents’ or guardians’ approval about the issues which concern their or other children’s well-being”. The product in question was published on interpressnews.ge and was about minor being murdered by their uncle. Article was accompanied by the photo of minor. Applicant thought that by publishing the photo of deceased Charter’s 8th principle was violated. Council asked applicant about specifically what interest was being neglected by publishing the photo. Applicant said that other media companies did not use the photo or blurred it when publishing’ therefore, they thought that it was unethical to show the photo in this situation too.
Charter Council thinks that it is unacceptable to publish photo to only emotionally load the story and not give additional information to it, but the publishing of the photo did not violate interests of the minor, because there was nothing more to damage. Moreover, the photo was published after several hours of information about the murder, therefore, close people already knew about the situation and there was no risk that the photo would have been the first source of information. Photo was taken from publicly accessible source, social network. It is also worth mentioning, that the photo was not of the tragic fact but taken at a different time.
Therefore, Council thinks that the 8th principle was not violated.
According to information provided above:
1. Unidentified journalist of interpressnews.ge did not violate Charter principle 8.
Council Members: Tamar Uchidze, Kamila Mamedova, Lika Zakashvili, Giorgi Suladze, Gela Mtivlishvili, Giorgi Mgeladze
Equality Movement applied to Georgian Charter of Journalistic Ethics. They thought, that the published by interpressnews.ge violated 8th principle of the Charter because of the photo of minor being used.
Representative of applicant, Tamar Razmadze attended the hearing. Journalist was not indicated in the article published. . Coucil secretariate asked the media company to identify, who was responsible for the material, but the information was not given and therefore, nobody was identified. In these situations, according to Charter guidelines, “unidentified person” can be given in the decision.
Council member Giorgi Suladze recused himself from the closed discussion of the case, because he works in the respondent media company.
Motivation
Part
According to the 8th principle of the Charter – Journalist is obligated to protect children’s rights; prioritize children’s interests in the professional work; not prepare and publish materials about children, which will harm them. Journalist should not interview or shoot a photo of a child less than 16 years old without their parents’ or guardians’ approval about the issues which concern their or other children’s well-being”. The product in question was published on interpressnews.ge and was about minor being murdered by their uncle. Article was accompanied by the photo of minor. Applicant thought that by publishing the photo of deceased Charter’s 8th principle was violated. Council asked applicant about specifically what interest was being neglected by publishing the photo. Applicant said that other media companies did not use the photo or blurred it when publishing’ therefore, they thought that it was unethical to show the photo in this situation too.
Charter Council thinks that it is unacceptable to publish photo to only emotionally load the story and not give additional information to it, but the publishing of the photo did not violate interests of the minor, because there was nothing more to damage. Moreover, the photo was published after several hours of information about the murder, therefore, close people already knew about the situation and there was no risk that the photo would have been the first source of information. Photo was taken from publicly accessible source, social network. It is also worth mentioning, that the photo was not of the tragic fact but taken at a different time.
Therefore, Council thinks that the 8th principle was not violated.
Resolution
Part
According to information provided above:
1. Unidentified journalist of interpressnews.ge did not violate Charter principle 8.
12.04.2018
Decision
March 22, 2018
Head of Council: Giorgi Mgeladze
Member of Council: Maia Merkviladze, Lika Zakashvili, Nino Jafiashvili, Maia Mumlashvili, Giorgi Suladze
Applicant: Tornike Kakalashvili
Respondent: Giorgi Gabunia
Tornike Kakalashvili applied to the Georgian Charter of Journalistic Ethics. He thought that the broadcasting company Rustavi 2 show “Kurieri P.S” host Giorgi Gabunia violated the 7th principle of the charter. The applicant thought, that Giorgi Gabunia’s text when he evaluated the fact of Bidzina Ivanishvili buying trees and transporting them violated the principle.
Specifications of the case:
• It was decided to gather the opinions of council members distantly. According to the Charter regulation: “Council members can share their opinion on the case by any means/can participate in Council work via electronic communication tools (Social network, e-mail, online video and audio calls)”.
According to the 7th principle of the Charter: “Journalist should understand the danger of supporting discrimination; therefore he/she should use every possibility to avoid discriminating a person based on his/her race, gender, sexual orientation, language, religion, political or other views, national or social origin or any other reason”. Applicant specified the text where Giorgi Gabunia says: “I think that Jesus Christ made a mistake coming to preach in Israel, 2000 years ago. He should have come in Adjaria in 2-3 years and then he could not have been crucified, because there would not have been any trees to make a cross out of. Bidzina would have had every tree replanted in his garden and Jesus would have lived a peaceful life until old age in Adjaria without trees. The main thing would have been to not have crossed paths with Bidzina or worse, started to preach in his garden. Then his life would have ended the same as 2000 years ago or worse.
Charter principle 7 includes not only classical idea of discrimination. This Principle is considered violated in cases, where a journalist uses hate speech or promotes the use of hate speech. Council thinks that principle 7 was not violated because, there was no distinction specified of a person in question; he was not put in an unequal situation; there was no hate speech used. Considering this, Council says that in 1997 recommendation of European Council Minister Committee, hate speech is defined as: hate speech includes all forms of expression which spread, support, encourage or approve of racial conflict, xenophobia, anti-Semitism or other forms of conflict including nationalism, ethnocentrism, discrimination and conflict with minorities and migrants. Therefore, hate speech should be directed towards a group and be derogatory, but not all derogatory speech is hate speech.
As applicant specified, Giorgi Gabunia’s text was Christian phobic and caused an outrage in religious people. Therefore, applicant thinks that hate speech was directed towards people with Christian faith. Council decided that hate speech can only be proved when a person is derogatory towards others based on certain characteristic, is discriminating others or supports stigmas and stereotypes. Council thinks that the text was directed not towards Christ and Christians, but Giorgi Gabunia was trying to criticize a public person – Bidzina Ivanishvili. His text was not negative towards Christian religion. He used, maybe not relevant comparison to criticize Bidzina Ivanishvili, but was not negative towards Christians. Maybe a religious person thinks that using Christ’s name is not approved in non-sacred way, but this does not automatically mean that it is offensive.
Based on the information above:
1. Giorgi Gabunia did not violate Charter principle 7.
March 22, 2018
Tornike Kakalashvili vs.
Giorgi Gabunia
Head of Council: Giorgi Mgeladze
Member of Council: Maia Merkviladze, Lika Zakashvili, Nino Jafiashvili, Maia Mumlashvili, Giorgi Suladze
Applicant: Tornike Kakalashvili
Respondent: Giorgi Gabunia
Description part:
Tornike Kakalashvili applied to the Georgian Charter of Journalistic Ethics. He thought that the broadcasting company Rustavi 2 show “Kurieri P.S” host Giorgi Gabunia violated the 7th principle of the charter. The applicant thought, that Giorgi Gabunia’s text when he evaluated the fact of Bidzina Ivanishvili buying trees and transporting them violated the principle.
Specifications of the case:
• It was decided to gather the opinions of council members distantly. According to the Charter regulation: “Council members can share their opinion on the case by any means/can participate in Council work via electronic communication tools (Social network, e-mail, online video and audio calls)”.
Motivation Part
According to the 7th principle of the Charter: “Journalist should understand the danger of supporting discrimination; therefore he/she should use every possibility to avoid discriminating a person based on his/her race, gender, sexual orientation, language, religion, political or other views, national or social origin or any other reason”. Applicant specified the text where Giorgi Gabunia says: “I think that Jesus Christ made a mistake coming to preach in Israel, 2000 years ago. He should have come in Adjaria in 2-3 years and then he could not have been crucified, because there would not have been any trees to make a cross out of. Bidzina would have had every tree replanted in his garden and Jesus would have lived a peaceful life until old age in Adjaria without trees. The main thing would have been to not have crossed paths with Bidzina or worse, started to preach in his garden. Then his life would have ended the same as 2000 years ago or worse.
Charter principle 7 includes not only classical idea of discrimination. This Principle is considered violated in cases, where a journalist uses hate speech or promotes the use of hate speech. Council thinks that principle 7 was not violated because, there was no distinction specified of a person in question; he was not put in an unequal situation; there was no hate speech used. Considering this, Council says that in 1997 recommendation of European Council Minister Committee, hate speech is defined as: hate speech includes all forms of expression which spread, support, encourage or approve of racial conflict, xenophobia, anti-Semitism or other forms of conflict including nationalism, ethnocentrism, discrimination and conflict with minorities and migrants. Therefore, hate speech should be directed towards a group and be derogatory, but not all derogatory speech is hate speech.
As applicant specified, Giorgi Gabunia’s text was Christian phobic and caused an outrage in religious people. Therefore, applicant thinks that hate speech was directed towards people with Christian faith. Council decided that hate speech can only be proved when a person is derogatory towards others based on certain characteristic, is discriminating others or supports stigmas and stereotypes. Council thinks that the text was directed not towards Christ and Christians, but Giorgi Gabunia was trying to criticize a public person – Bidzina Ivanishvili. His text was not negative towards Christian religion. He used, maybe not relevant comparison to criticize Bidzina Ivanishvili, but was not negative towards Christians. Maybe a religious person thinks that using Christ’s name is not approved in non-sacred way, but this does not automatically mean that it is offensive.
Resolution part
Based on the information above:
1. Giorgi Gabunia did not violate Charter principle 7.
