FactCheck Georgia has repeatedly been subjected to a campaign aimed at discrediting its activities. The present article provides a detailed account of the dispute between FactCheck Georgia and the television broadcaster “Imedi”. The dispute was examined within the framework of the broadcaster’s internal self-regulatory mechanism. Accordingly, the broadcaster itself adopted a decision concerning reports aired on its channel. Pursuant to the decision adopted within the self-regulatory framework, two reports concerning FactCheck Georgia were found to be in violation of the Broadcasters’ Code of Conduct. In total, more than twenty breaches were established across seven separate factual circumstances.
The reports in question were broadcast in September and December 2022 within the programme Imedi Week. Both reports contained unsubstantiated and inaccurate allegations against FactCheck Georgia. In particular, the broadcaster called into question the organisation’s impartiality, financial transparency, professional competence, and other aspects of its activities.
Out of eight contested issues submitted for review, the self-regulatory body established violations in seven instances. The violations concerned the principles of fairness and impartiality, as well as, in three cases, the requirement of due accuracy. The decisions adopted within the self-regulatory mechanism signify that the broadcaster, through a body established by itself, reviewed the relevant materials and acknowledged that the reports contained misleading information, unfair treatment, unsubstantiated accusations, and comparable deficiencies.
A breach of the requirement of due accuracy constitutes a particularly serious violation. In such circumstances, applicable legislation imposes a specific obligation on the broadcaster to correct the inaccurate information through an on-air rectification. The three established violations of factual accuracy therefore give rise to a legal obligation for “Imedi” to broadcast appropriate corrections or refutations with respect to each of the inaccurate statements. Notwithstanding this legal obligation, the broadcaster has failed to comply with the requirement for a period of nearly one year.
Despite repeated attempts by FactCheck Georgia to engage in communication with the broadcaster, “Imedi” has neither corrected the information that has been determined to be inaccurate nor provided its audience with accurate information.
Editor’s Note
FactCheck Georgia also submitted a complaint to the Georgian National Communications Commission. The Commission declared the complaint inadmissible, explaining that, under the Law of Georgia on Broadcasting, its competence in relation to self-regulation is limited to ensuring the existence and technical functioning of self-regulatory mechanisms. According to the Commission, the monitoring or enforcement of decisions adopted by a broadcaster’s self-regulatory body does not fall within its statutory authority.