The Law on Broadcasting, adopted on October 19, 2023 through an expedited procedure, expands the powers of the state to prevent the broadcasting of programmes that allegedly contain hate speech, obscenity, and incitement to terrorism. Georgian CSOs and media are concerned that the increased discretionary powers of state authorities risk restricting freedom of expression and can be used to suppress critical media before the Parliamentary elections in 2024. Overbroad provisions of the Law could also be applied selectively against civic actors.
The law expands the power of the Georgian National Communications Commission, a body that CSOs and the media do not consider impartial and see as representing the government’s attitude towards independent broadcasters. The Commission can now impose sanctions if broadcasters violate the law, but obligations and terms used in the law are defined in a vague way. This may push broadcasters to self-censor potentially critical content, which consequently is a restriction of the freedom of expression.
Upon request from the USAID Civil Society Engagement Program, ECNL and the International Center for Not-for-Profit Law (ICNL) conducted a comparative analysis of the Law and its compliance with the international law and European standards. This analysis focuses on the key problematic provisions of concern to Georgian CSOs and media representatives, not on all novelties.