Problems in the leading TV-companies

First doubts about high interest of the government towards media appeared after analytic talk-shows Reaction and Imedi Week were closed on Imedi-TV. Both programs covered ongoing significant public and political processes in the country and invited both government officials and opposition leaders to the programs. Thus, they had significant role in the Georgian media to provide society with the detailed information about ongoing situation. On August 29, the TV-Company leadership declared public and political programs were closed till January 2016 because it was necessary to change the formats of old programs and create new TV-products.

Despite their clarification, civil society perceived the closure of the talk-shows as interference of the government into editorial policy of the Imedi TV and as an attempt to silence critical voice in the country. Joint statements of the anchors and journalists of the both closed programs Reaction and Imedi Week strengthened these doubts. They said the decision on suspending the programs was political decision.

They said nobody had discussed the planned changes in the TV-company with them. The journalists said representatives of the ruling Georgian Dream had complained about the programs several times.

The government explained the closure of the talk-shows with partiality of the programs. Georgian Young Lawyers’ Association is concerned with the statements of the government officials.

“Such statements can be perceived as justification for interference with editorial independence as well as a warning against other reporters/media, which is against the principle of non-interference with freedom of media,” the statement of the GYLA reads.

About a week later, on September 4, talk show First Studio was closed on the GPB which was led by the journalist Eka Mishveladze. Advisor to the GPB director Basa Janikashvili clarified the talk-show was closed because the anchor had got married with a politician. Eka Mishveladze got married with Aleksi Petriashvili, a leader of the opposition political party Free Democrats. However, according to the November 4 announcement the talk-show will be resumed and the program will invite analytics and civil society members instead politicians.

The TV-Company Maestro also has problems. On September 4 the director of the TV-company Baia Gadabadze appealed to the Tbilisi City Court and requested to declare the company bankrupt and incapable to pay taxes. The reason was loans taken by the Studio Maestro, which the TV-company could not pay. Gia Gachechiladze, 25%-share-holder in the Company, said the TV-company is purposefully declared bankrupt to sell it on the auction.

Case of Rustavi 2 and politics

Developments about the Rustavi 2 overwhelmed situation in other TV-companies. On August 4, 2015 businessman and former owner of the Rustavi 2 Kibar Khalvashi appealed to the Tbilisi City Court to claim his shares back; he requested distrain of the TV-Company’s property. Judge Tamaz Urtmelidze distrained the property of the Media Company as well as assets of the company owners that restricted their right to management.

Later on, on September 30, Ltd TV-Company Georgia, owner of the 51% share in the Rustavi 2, was also distrained. Brothers Karamanashvilis own 100% share in the Ltd.

At the first sight, the fight for the shares in the TV-Company may seem a legal process through which the former owner tries to get the property back. The government calls the process a court dispute between two private persons. However, this process goes beyond legal frames and developments about the TV-company have turned into political games.

Although Prime Minister Irakli Garibashvili categorically excludes any interest of the ruling power in the Rustavi 2 case, statements of the politicians claim the opposite. They believe Kibar Khalvashi is the right owner of the company and call Rustavi 2 as biased and impartial media. Former PM Bidzina Ivanishvili said the TV-company is agit-machine of the United National Movement.

MP Gogi Topadze from the parliamentary majority predicted disappearance of the Rustavi 2 and directly said the government “is fed up” with the work of the Rustavi 2.

“It was very biased, very partial media. We have been in the government for three years and have done so much good in the country; have they said anything about it? They report only negative and biased information. It is natural that current government is fed up with incorrect interpretation of the facts. They sought and found a real owner; of course he requests fair trial,” Topadze told Prime Time. Soon after this interview he left the parliamentary majority.

The Minister of Energy Kakhi Kaladze made announcement about the planned return of the TV-company to the former owner on Imedi TV in 2014. Earlier, in August 2012 Bidzina Ivanishvili spoke about his relations with Kibar Khalvashi in his interview to journalist Irma Inashvili (currently leader of the political party Alliance of Patriots, who was defeated in the October 31 parliamentary by-elections in Sagarejo district, eastern Georgia by the Georgian Dream candidate). It is noteworthy that during the interview the former PM mentioned Khalvashi as formal owner of the Company. But, today he believes Khalvashi’s struggle for the media company is fair and legal.

Current PM also speaks about the breached rights of Khalvashi. Irakli Garibashvili said at a government’s session that Khalvashi could not ensure justice during three years.

Statement of Nika Gvaramia, director general of the Rustavi 2, strengthened doubts about the government’s interest in the case. He blamed the government in blackmailing and threatening him with secret recordings. Later, audio-recording of Nika Gvaramia’s conversation with the former president Saakashvili, as well as conversations of other UNM members with Saakashvili, convinced society in the truth of Gramia’s statement.

Shortly after this fact, Georgian State Security Service launched case for the attempted overthrow of the government and cameras were installed in the perimeter of the Rustavi 2 to conduct non-stop surveillance of the territory. Nika Gvaramia said the real purpose of the cameras was to control the media organization. Local CSOs also hold that it was not necessary to start investigation and install cameras.

Statements of the politicians, secret video-recordings, cameras installed in the vicinities of the Rustavi 2 – these all are part of the process about the shares in the TV-company.

Legal aspects of the Rustavi 2 case

As for the litigation about the Rustavi 2, there are facts which cast doubts in the independence of the judge Tamaz Urtmelidze. Chairwoman of the GYLA Ana Natsvlishvili underlined several issues:

• The judge refused the three-member collegium to discuss the Rustavi 2 case. He had right to make this decision but it is illogical why he did not share the task and responsibilities with two more persons;
• The defendant side several times requested preclude of the judge but he declined the motion each time that is very strange. It was in his interest to avoid doubts and questions about the court hearing;
• There is a criminal case launched against the mother of the judge at the prosecutor’s office. Initially this case was dropped. But, 1, 5 years later, in parallel to the commenced hearing into the Rustavi 2 case, the prosecutor’s office resumed the case against the Judge’s mother. It creates doubt that this case may be used as leverage against the judge.

The court process, about which there are so many questions, finished in favor of Kibar Khalvashi. In accordance to the Tamaz Urtmelidze’s verdict, Khalvashi became 100% share holder in the Rustavi 2.

Later, based on the businessman’s appeal, the court suspended authority of Nika Gvaramia. The judge appointed former director of the Imedi TV Rezo Sakevarishvili and a co-founder of the Rustavi 2 Davit Dvali as interim managers of the TV-Company.

Both judgments of the judge caused controversial reactions in the society. One part got convinced in the partiality of the judge and the second part claims both verdicts had legal grounds.

More intensive dispute started after November 5 judgment, where the judge wrote about the threat that the Rustavi 2 may report only about their case in the court. The judge said it might negatively impact the rating and financial stability of the company.

Local and international society evaluated this verdict as attempted interference in the editorial policy of the Company.

The public defender considers that the court’s decision of 5 November is unjustified and violates the freedom of speech and expression of the Rustavi 2 TV company. The ombudsman cannot see the necessity to appoint temporary manager moreover after the property and assets of the Rustavi 2 were distrained based on the August 5 decision which forbade the Rustavi 2 partners and directors from using all of their major powers and seized the company’s real and personal property.

“The issue of how the TV channel must continue broadcasting should not have become the subject of consideration for the court and such a decision raises alarming questions about the court’s interest in granting this kind of authority to temporary managers,” the Ombudsman’s statement reads.

On November 11, Tamaz Urtmelidze suspended Davit Dvali’s authority. He clarified the temporary manager shall be neutral person and Dvali cannot meet this criteria. However, Rezo Sakverashvili is still temporary manager. Besides, Nika Gvaramia’s authority as a director general was resumed.

International reactions

TV-company Rustavi 2 is under permanent attention of the international community. Almost every day US State Department, EU, NATO, European People Party and UN members release statements about the media organization. They observe signs of the oppression on free media in the ongoing developments about the TV-Company and call on the government to respect the European values.

US ambassador to Georgia Yan Kelly said the USA follows ongoing trials into Rustavi 2 case.

“Media pluralism is of essential importance for democratic development. All political parties, all actors shall have access to media to disclose their opinions freely. That’s why we are so deeply concerned about this process,” Yan Kelly said.

 EPP responded to the ongoing process in the Georgian media with the statement published on their website.

“European People’s Party is deeply concerned with the information about government-backed campaign against the most popular TV-company Rustavi 2 in Georgia aiming at the change of the owners and editorial policy. We are concerned with the situation about media freedom in the country including the closure of political talk-shows in the run up to the election year,” the statement reads.

International organization Freedom House also responded to the November 5 decision of the judge about temporary manager. Vice-president of the organization’s international programs Robert Herman states in his statement that appointment of the new manager in the Rustavi 2 undermines democracy in Georgia.

“The government is breaking the promise it made to voters, which was to uphold higher standards than its predecessor in protecting the rule of law and the fundamental principles of democracy, including freedom of the press. We urge the Georgian government to end its interference in the media,” Robert Herman states in his statement.

The ruling party and former PM Bidzina Ivanishvili evaluate the statements of the international community as impartial criticism and claim that the agiotage was caused by the UNM and Nika Gvaramia.

Ketevan Ghvedashvili