DWT Pro Bono Report, Spring 2012

Page 6

Working Toward Media Accountability in Georgia

tHe rePuBliC of Georgia was among the first of the former Soviet republics to declare independence from the Soviet Union in 1991. The country has been establishing its footing in the international community, joining the United Nations and seeking membership in NATO. Georgia is also looking westward for guidance in a key domestic sector: media and communications. While most media outlets in the country are privately owned, there are concerns about the actual behind-the-scenes control of some outlets, and the influence that can be exerted by certain political parties and by Russian interests. Russia invaded Georgia in 2008, and portions of the country remain under the control of Russian-backed regimes – some of which have gone so far as to declare their own independence. In this atmosphere, the Georgian National Communications Commission (GNCC), Georgia’s equivalent to the U.S. Federal Communications Commission, is struggling with issues of transparency of 6

decision-making, international influence over communications outlets, and the balance between free speech and consumer and civil society protections, while at the same time dealing with the mundane day-to-day issues of communications regulations. Members of Georgia’s parliament and other groups are asking Western experts for assistance as they seek to build more independence, accountability, and transparency into their media industry. Leaders in Davis Wright’s communications-related practice teams are helping on both the legislative and regulatory fronts. The request for assistance came through our partnership with the International Senior Lawyers Project (ISLP), which in

turn is assisting an international nonprofit called IREX. An IREX program called Georgian Media Enhance Democracy, Informed Citizenry, and Accountability (or G-MEDIA) seeks "to address internal and external obstacles to a professional, sustainable media." Brendan Holland, of counsel in our Washington, D.C., office, was asked to help evaluate draft Georgian media legislation for the project. “They needed help parsing rules and comparing them to U.S. legislation,” says Holland, “to determine whether the proposed legislation was appropriate or if it might be too open—expecting too much too soon.” “I was a little hesitant about jumping into the laws of a foreign country,” says Holland, “but once I did, it was fascinating.” Early in 2011, Holland and Barbara Swann, a pro bono strategist and media lawyer with ISLP, submitted a detailed analysis of the proposed legislation for review by the Georgian parliament. “Based on what Brendan provided in his commentary and analysis,” says Swann, “the Georgian lawmakers realized they need to consider more issues than they had anticipated. As a result, things are


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