Access to public information is one of the key prerequisites for developing public oversight, and open and effective governance in a just and democratic state. The openness of information facilitates the growth of the accountability of public institutions and the effectiveness of their work. The right of access to public information is recognized and protected under the Constitution of Georgia.

In a democratic society, ensuring the media's access to public information is particularly important. Unhindered access to information stored in public institutions is one of the essential tools for journalists to produce qualified and trustworthy media products, which ultimately contributes to informing society and ensuring its engagement in democratic processes.

Unfortunately, the situation in Georgia regarding access to information has deteriorated sharply since 2022. Starting with this period, the Institute for Development of Freedom of Information (hereinafter - IDFI) has offered full legal assistance to media representatives on issues related to access to information. From September 2023 through December 2024, IDFI has been providing legal aid to media within the framework of the project - “Increase the Access of Media to Public Information in Georgia”  - supported by the Embassy of the Kingdom of the Netherlands in Georgia.

Georgia has undergone a sharp democratic backsliding in the period of 2022-2024. The adoption of the Russian-style Foreign Agents Law, various methods of oppression and interference in the activities of the media were followed by the undemocratically conducted parliamentary elections of 26 October 2024 and further unconstitutional decisions of the parliament and government, both of which remain unrecognized by democratic states. Against this backdrop, the state of media and journalists has deteriorated significantly. The threats stemming from the Russian-style Foreign Agents Law have been compounded by brutal physical violence against journalists and cameramen.

The democratic backsliding has naturally led to a decline in the accountability of public institutions. This report aims to assess the current state of access to public information, based on IDFI's practical experience, in the context of declining accountability. 

Findings

• The sharp decline in the quality of democracy in Georgia over the past two years has had a significant negative impact on the accountability of public institutions;

• The sharply deteriorated situation in terms of access to public information is not caused by the current legislation, but by the complete and systemic disregard of this legislation;

• In most cases when media representatives request public information, public institutions disregard the most basic legal obligations. It is extremely rare to receive the requested information within the timeframes defined by the legislation and according to the established procedures;

• Public institutions left approximately 60% of public information requests without a response, which is a gross violation of the Constitution and legislation of Georgia;

• Out of 204 requests for public information, only 12 (6%) were granted within the ten days;

• Public institutions tend to create artificial obstacles for those requesting information to avoid having to provide the requested information;

• In practice, the mechanism of administrative complaint does not fulfill its function, which, among other reasons, is due to the inconsistent practice of reviewing the complaints in public institutions;

• Administrative bodies use incorrect/broad interpretations of the provisions restricting the right, which often leads to the requested information not being provided, even in the presence of legislative prerequisites for its release;

• There is no independent external oversight mechanism in Georgia that would provide timely and effective oversight over issues related to access to public information; 

• In common courts, the consideration of cases concerning access to public information takes years. Even in cases where the courts uphold the complaint, there is still a risk that the institution may again refuse to provide information with the same/similar content;

• The consideration of cases in the courts takes several years even if the complete disregard of the Constitution and legislation by the public institutions is clearly evident.

Methodology

The information provided in the report is largely based on the tendencies and approaches revealed in the cases (completed and ongoing) litigated by IDFI within the framework of the provision of legal aid for the media (in 2022-2024).

It should be noted that legal assistance to the media on freedom of information issues included consultations, preparation of public information requests, administrative complaints, lawsuits (all three instances), and representation before relevant bodies.

In addition, the trends reflected in the report are based on cases brought by IDFI that were not initiated as part of legal aid for media, but whose content nevertheless significantly impacts the situation of journalists given their systemic legal effects.

The challenges and trends revealed in practice have been evaluated by IDFI in light of the Constitution of Georgia, present normative framework, and case law. At the same time, the issues covered by the report are discussed in parallel with the procedures for review of public information requests/disputes provided for in the General Administrative Code of Georgia and the Administrative Procedural Code of Georgia. 

In several instances, the information about identified challenges is accompanied by statistical information produced by the organization within the framework of its legal aid to the media (in 2022-2024).

Media and society in the face of systemic illegality

/public/upload/000_Liza/Media and society in the face of systemic illegality.pdf

The report has been prepared in the framework of the project “Increase the Access of Media to Public Information in Georgia” which is implemented by the Institute for Development of Freedom of Information (IDFI) with the financial support of the Embassy of the Kingdom of the Netherlands in Georgia.

Institute for Development of Freedom of Information (IDFI) is solely responsible for the content of the document. The information and assessments provided in the document may not reflect the views of the Embassy of the Kingdom of the Netherlands in Georgia.