Judge Archil Kochlamazashvili of the Tbilisi City Court Chamber of Civil Cases partially satisfied Davit Fatsatsia's claim against the TV company Pirveli and ordered the defendant to pay moral damages in the amount of 15,000 GEL in addition to denying the disseminated information.
In the lawsuit at hand, the Minister of Internally Displaced Persons from the Autonomous Republic of Abkhazia, who is also Irakli Kobakhidze's brother-in-law, challenged media statements associated with the State Audit Service's findings regarding irregularities within the Ministry and the misallocation of funds during the repair and restoration projects in IDP settlement facilities. These statements suggest a misappropriation of funds by the ministry's head, Davit Fatsatsi.
The defendant's representatives emphasized that the statements were evaluations grounded in the State Audit's findings, with Davit Fatsatsia being referred to as the ministry's head, responsible for duly addressing the state audit's recommendations.
Additionally, it is worth noting that Davit Fatsatsia initially requested compensation of 1 GEL from the defendant TV company but later raised his claim to 30,000 GEL. This increase in Davit Fatsatsia's demand coincided with the settlement of Kakha Kaladze's claim, the imposition of moral damages compensation on the defendants in that case, and the Tbilisi Court of Appeal's decision in favour of Ucha Mamatsashvili. Furthermore, during questioning about his decision to escalate the claim, the minister candidly expressed in court that
he aimed to penalize the media and journalists for their prior statements.
Regrettably, the court did not align with the defendant's stance and failed to consider the plaintiff's underlying intent in employing the lawsuit as a punitive tool. Instead, the court upheld the claim of defamation.
Particularly concerning is the exorbitant compensation for moral damages, which, when assessed, appears unreasonably high in relation to any potential harm the minister might have incurred. The imposition of 15,000 GEL on the media in a case of this nature, especially when a person of high political standing is involved and the disseminated information pertains to the exercise of public duties, departs from established national and European practices. This, in turn, significantly contributes to the chilling effect and further fosters a sense of fear within society that any critique of the government could lead to accountability.
It's important to highlight that legal disputes have frequently been initiated based on critical statements directed at the government and individuals of influence associated with it. This recurring pattern represents an abuse of the legal system, commonly referred to as SLAPP lawsuits, with the intent to unlawfully constrict freedom of speech and expression by intimidating civil society. Considering the inclination of government officials to initiate groundless lawsuits, the aforementioned judgment establishes an especially worrisome precedent. This precedent raises concerns that instances of public figures subjecting freedom of speech and expression to legal scrutiny will proliferate, significantly impeding the activities of media representatives and creating a chilling effect on freedom of speech and expression.
GDI defends the interests of TV Company Pirveli in court with support from the USAID Rule of Law Program.
