Transparency International Georgia has identified three major categories of violence against journalists out of approximately 45 incidents involving media professionals in 2023. These categories include: Instances of overt assaults against media representatives (1); threats and alleged intimidation attempts against media representatives (2), and violence against journalists during protests, arrests and imposition of fines (3). The trends from 2023 have continued this year.

The practice of violence against journalists during protest rallies, their arrest, and imposition of fines are especially noteworthy. This confirms the use of the Administrative Offences Code against journalists. Three episodes of journalists being arrested and fined while performing their professional duties during protest rallies will be highlighted as examples. These episodes are:

1. Arrest of Zura Vardiashvili, director of Publica online media outlet, at the rally against the “Russian law” (March 2, 2023);
2. Arrest of Beka Jikurashvili, a journalist of Tabula online media outlet, at the rally against the “Russian law” (March 2, 2023);
3. Arrest of Gela Mtivlishvili, editor of Mtis Ambebi online media outlet, during the Kekelidze eviction standoff (January 23, 2024).

What does the established practice of arresting and fining journalists tell us? The episodes share three common characteristics:

1. Articles used to arrest journalists: All three journalists were arrested on charges of violating two articles of the Administrative Offenses Code, involving petty hooliganism (Article 166) and disobedience to the lawful demand of a law enforcement officer (Article 173).

The civil society organizations already stated last year that the existing legislation on administrative offenses is a repressive tool in the hands of the law enforcement, which is used for unjustified restriction of rights of individuals. With regard to journalists, this article is used in the context of professional activities and creates barriers for journalists in their professional activities, hindering their ability to cover developments, obtain and transmit information. According to the Georgian Charter of Journalistic Ethics, the practice of arresting journalists is a violation of the Criminal Code of Georgia (Article 154) and constitutes a criminal offense.

2. The amount of the fine: The three journalists were fined GEL 2 000-2 200, which is disproportionate to their monthly income. This creates a problem as such financial penalties can increase fear and the risk of self-censorship in covering crises and demonstrations. Highlighting the punishment of journalists has a “chilling effect” on other journalists and the media environment.

3. Presiding judge: All three cases were heard in the Tbilisi City Court by Judge Nino Shcherbakovi. The consideration of cases by a single judge in a similar manner raises doubts about the independence and impartiality of the court.

In an election year, it is especially important for citizens to have access to information, and the media plays an irreplaceable role in this regard. In this context, the instrumentalization of the Administrative Offences Code against the media is only one aspect of the existing challenges. Against this backdrop, it is noteworthy that there is a growing trend of Strategic Lawsuits against Public Participation (SLAPPs) and coordinated attacks on independent media. Therefore, when dealing with the media, it is essential for law enforcement officers and courts to follow the best international practices to improve the standard of freedom of expression in Georgia and create a safe and free environment for media representatives.