GYLA appealed the Constitutional court on September 24 demanding cancellation of these articles. GYLA and other civil activists say that the number of provisions in above mentioned law violates constitutionally guaranteed rights.
“We [GYLA representatives] consider that this law violates freedom of expression, freedom of receiving and disseminating the information, right of association, freedom of entrepreneurship and right of ownership,” Giorgi Chkheidze of GYLA told Advocacy.Ge
Article 5 of the Adjarian law on mass media reads the editors of the periodical newspapers and journals are obliged to publish the contra arguments on the earlier published articles, giving the possibility to the readers to hear all existing viewpoints. The law also prohibits the journalists from making the news coverage in the sensational manner (Section J, Article 22). At the same time the law deprives the stateless persons and citizens of foreign countries the right to be the founders of the newspapers and other means of mass media in Adjarian Autonomous Republic (section D, E, Article 9).
The draft law on this issue has been developed a year ago and as the human rights activists say already included some provisions violating the constitutionally guaranteed rights. As Giorgi Chkheidze says the civil activists developed the list of suggestion to the draft law, however the final version of the law did not show any amendments in it.
Another controversial issue is the publishing date of the law. Article 29 of the Law of Adjara Autonomous Republic “on Press and Other Means of Mass Media” reads that the law enters into force from the day of publishing. Nevertheless, the official newspaper of the Autonomous Republic “Adjara” published the law on July 23, 2003, whereas the “Sakanonmdeblo Matsne” (the official newspaper of the Adjarian Ministry of Justice) published it in July but with the date of February. Moreover the law has been signed by the head of the Autonomous Republic Aslan Abashidze on January 23, 2003. All these facts creates the real puzzle on the question, when did the law entered into force?
The first victim of the law already exists. Since the beginning of 2003 local independent newspaper “Batumelebi” were sued several times in the local court, for “disobedience” to the provisions of the law. (“Freedom of Speech Under Countrywide Attack”)
The GYLA representatives also filed the lawsuit against the Georgia’s Law “on Press and Other Means of Mass Media”, which shares some of the provision with the law of Adjara Autonomous Republic.
The Parliament adopted this law in the beginning of 1990s and currently all the parties concerned declare the law needs amendments.
Some of the CSOs together with the governmental officials are working on the new draft law on Press and Mass Media, however the GYLA representatives say until the new law is adopted some of the provisions of the old one might be used against the independent media.
Article 9 of the Law of Georgia reads that the permission for dissemination of the pre-election materials is given by the Central Election Commission and it does not need the registration.
Despite the fact that this provision has not been used in practice yet the civil activists say the government is legally able to use this article whenever necessary.
As Hamlet Chipashvili, the head of the Adjara Autonomous Republic Representation in Tbilisi, told Advocacy.Ge they have no information about the GYLA lawsuit and have not received any summons from the court.
On October 8, 2003 the Constitutional Court of Georgia will have the hearing on admissibility of the case appealed by GYLA.
Advocacy.Ge will keep you updated about the development of the event.