Georgian Dream to enact new restrictions on freedom of speech – OC Media

Report on Recent Legislative Changes Affecting Freedom of Expression in Georgia

Introduction

Over recent months, the ruling Georgian Dream party has introduced a series of legislative amendments aimed at restricting rights protected under the law on freedom of expression. These changes have significant implications for civil society, independent media, and democratic governance in Georgia, posing challenges to several Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions) and SDG 10 (Reduced Inequalities).

Key Proposed Amendments to the Law on Freedom of Expression

1. Shift of Burden of Proof in Defamation Cases
   • The draft bill proposes transferring the burden of proof from the plaintiff to the defendant in defamation and libel cases, regardless of whether the plaintiff is a private individual or a public figure.
   • Previously, plaintiffs were required to prove defamation; under the new proposal, defendants must prove they did not defame the claimant.
2. Redefinition of Defamation
   • The legal definition of defamation would be altered by removing the requirement that the defamatory statement must inflict harm on a person.
3. Court’s Discretion on Compensation
   • The draft law grants courts the authority to decide whether a correction or retraction of a statement is adequate compensation for harm caused.
4. Removal of Protections for Freedom of Speech
   • The amendments would eliminate the clause that prevents courts from limiting freedom of speech when there is unresolved doubt in a case.
   • Another provision protecting defendants from liability for refusing to disclose professional secrets or confidential sources in free speech-related cases is set to be removed.
   • The law would also remove restrictions on freedom of speech under the pretext of protecting privacy or personal data when there is public interest in disclosure.

Context and Impact on Sustainable Development Goals

• Targeting Civil Society and Media
  • These legislative changes coincide with a broader pattern of restrictive laws targeting civil society organisations, independent media, and public protests.
  • This trend undermines SDG 16 by weakening institutions that promote transparency, accountability, and inclusive decision-making.
• Political Environment
  • The legislative process occurs in a parliament lacking effective opposition, following the boycott of parliamentary sessions by opposition parties after the disputed 2024 elections.
  • This situation raises concerns about democratic backsliding and reduced political pluralism, impacting SDG 10 by potentially increasing inequalities in political participation.
• Public Protests and Government Response
  • The acceleration of restrictive laws followed continuous anti-government protests triggered by the suspension of Georgia’s EU membership bid.
  • The government justifies the bills as measures to combat the ‘influence of external powers,’ but critics argue they aim to suppress dissent and limit media freedom.

Recent Developments

• Georgian authorities have recently demanded extensive data from additional civil society groups, intensifying concerns about the restrictive legislative environment.
• This development further threatens the operational space for civil society, crucial for achieving SDG 16 targets related to inclusive institutions and fundamental freedoms.

Conclusion

The proposed amendments to Georgia’s law on freedom of expression represent a significant challenge to democratic principles and human rights. The legislative changes risk undermining the country’s progress towards Sustainable Development Goals, especially SDG 16 and SDG 10, by restricting media freedom, weakening civil society, and limiting political pluralism. Continuous monitoring and international attention are essential to support the protection of fundamental freedoms and the promotion of strong, inclusive institutions in Georgia.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses issues related to freedom of expression, restrictive legislation, and the undermining of civil society and independent media in Georgia, which directly relate to SDG 16’s focus on promoting peaceful and inclusive societies, access to justice, and building effective, accountable institutions.
2. SDG 10: Reduced Inequalities
   • The suppression of opposition voices and media, as well as the lack of parliamentary opposition participation, highlight concerns about political inequality and marginalization, which are relevant to SDG 10.
3. SDG 5: Gender Equality (implied)
   • Although not explicitly mentioned, freedom of expression and protection of civil society often intersect with gender equality issues, especially in contexts where marginalized groups face additional barriers.

2. Specific Targets Under Those SDGs Identified

1. SDG 16 Targets:
   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements — directly connected to the article’s focus on freedom of expression and media rights.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels — relevant to the concerns about the ruling party’s control over parliament and legislative processes.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making — linked to the lack of opposition participation and the ruling party’s dominance.
2. SDG 10 Targets:
   • Target 10.2: Empower and promote the social, economic and political inclusion of all — relevant to the exclusion of opposition voices and civil society groups.
3. SDG 5 Targets (implied):
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership — implied in the broader context of freedom of expression and civil society participation.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators for SDG 16:
   • 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates in the previous 12 months — implied by the mention of journalists facing decades behind bars.
   • 16.6.2: Proportion of the population satisfied with their last experience of public services — implied by public protests and dissatisfaction with government actions.
   • 16.7.2: Proportion of population who believe decision-making is inclusive and responsive — implied by the lack of opposition participation and restrictive laws.
2. Indicators for SDG 10:
   • 10.2.1: Proportion of people living below 50 per cent of median income, by sex, age and persons with disabilities — indirectly related to political and social inclusion issues.
3. Indicators for SDG 5 (implied):
   • 5.5.2: Proportion of women in managerial positions — implied in the broader context of participation and representation.

4. Table of SDGs, Targets and Indicators

Source: oc-media.org