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Code of Ethics Are Planned for Georgian Media

December 13, 2006

media.gifOn December 19, the National Commission of Georgian Communications will discuss the proposed Broadcasters’ Ethics Code. The Code consists of 155 articles and 52 pages, and it has already caused an uproar. Broadcasters, non-governmental organizations and some politicans consider the Code to offend the principle of a free press, and they state that if the code is adopted, broadcasters will not be able to broadcast anymore.

The Code was drafted by the National Commission of Georgian Communications and Levan Ramishvili, a representative of the Liberty Institute.  Because of the Code is long, most MPs did not bother to read the Code in its entirety. However, those who did, could not find anything positive to say about it . 

Article 29 of the Code regulates video recordings.  In particular, this article says that "journalists should avoid using foreground and background images, in case they are recording publicly notorious individuals… The use of these images is not consistent with providing factual programming, except when the broadcaster wants to record the habits or reactions of a person in the image…  Any recordings depicting private activaties of a subject, including any intimate details, may only be broadcast after the broadcaster has received the subjects permission."

Section 9 of the same article states that "journalist's interview with a defendant should not portray the defendant as either guilty or innocent of the crime… [in addition,] the judiciary should not be insulted." Section 10 states that "while recording the details of a crime, the journalist should not identify the ethnicity of the criminal…"

Article 49 states that "while informing the public about demonstrations, insurrections and general public disorder, the journalist should take into consideration that by announcing any such gathering, the journalist may abet organizers." More precisely, opponents of the Code recall events during the Rose Revolution when members of the present government were asking people through the press to hold demonstrations and meetings.

Article 56  requires that journalists report risks along with the sufficient statistical background and context to avoid panicking the public.

Article 70  requires that broadcasters balance programming for the adult audience and other audiences in preparing schedules of programs…
 
Although the Georgian Parliament does not have a say in the adoption of the code, members stood firm with journalists and criticized the Code. A member of the majority, chairman of the Committee on Education and Science, Nodar Grigalashvili, said that silliness only begets silliness.  "The Code, which Kitoshvili, [chairman of the Commission], offered up was drafted by only a few people.  Thus, the Commission should not make the Code obligatory.  Although the idea of a code of ethics is a good one, it should be at journalists' initiative. The press is type of art, and how can painting or fiction writing have regulations?  Journalists should draft the code and not politicians. This code is too long and is impossible to read. As soon as we allow someone to censor the activities of a broadcaster or newspaper, we will have crossed a new threshold.

Levan Ramishvili said that breaching the Code will not be punished… "The Code will assist journalists to improve [their impartiality].  An impartial media will have a greater influence on social change. It will acquire greater authority and will become a sort of fourth branch of government. The Code is not like a criminal code which contains only prohibitions."

Journalist Ia Antadze does not approve of Article 150 and says that this article allows restrictions to be placed on the media.  "Article 150 states that the broadcaster is obligated to obey the directives of the Council of Broadcasters. That is, if the Council decides that a law has been broken, the offender will be punished.  If the journalist did not cease and desist, the Council could revoke the journalist’s license."

Nino Burjanadze, the leader of the Georgian Parliament, also expressed her disapproval of the Code.   She said, "Ethic norms should be prepared for people of all professions.  However, the Code should not set up mechanisms that permit government to restrict the freedom of the press."

The opposition in the Parliament also called the Code “Putinization” of the media.  "I cannot accept provisions regarding public statements.  I do not like the idea that a news item may not criticize a government policy… Journalists are also barred from taking part in public activities.  Such demands are impossible.  What else can journalists write? It is Putinization of the media – exactly what is taking place now in Russia," said Kakha Kukava, a member of the opposition.

Despite numerous critics, the Parliament is not permitted to debate the Code. However, Kitoshvili's office affirmed that the Code will go forward as planned.

Eka Gulua

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