On Freedom of Speech and Expression

Law of Georgia

On Freedom of Speech and Expression

Article 1. Definition of Terms🔗

In this Law, the terms used have the following meaning:

a) statement – information that the declarant has publicly disseminated or has made known to a third party;

b) opinion – evaluative reasoning, viewpoint, comment, as well as expression in any form of such a view that reflects an attitude towards any person, event or object and does not contain a fact that can be confirmed or refuted;

c) subject of expression – a topic or issue on which discussion and expression of one or another viewpoint is taking place;

d) call – a statement whose author aims at or clearly allows the provocation of a certain action;

e) defamation – a statement containing a substantially false fact and damaging a person’s name;

f) obscenity – a statement that has no political, cultural, educational or scientific value and that grossly violates ethical norms generally established in society;

g) public attention – the interest of society (and not the mere curiosity of individual persons) in an event connected with the exercise of public self-government in a democratic state;

h) administrative body – a body, institution or person defined by subparagraph “a” of the first paragraph of Article 2 of the General Administrative Code of Georgia, except for public broadcasting;

i) public person – an official as defined by Article 2 of the Law of Georgia “On Combating Corruption”; a person whose decision or opinion has a significant influence on public life; a person towards whom, as a result of his/her certain action, public attention is directed in connection with particular issues;

j) private person – a natural or legal person that is not a public person or an administrative body;

k) state secret – information recognized as a state secret in accordance with the procedure established by the Law of Georgia “On State Secrets” and subject to protection by the state;

l) commercial secret – information defined by Article 27² of the General Administrative Code of Georgia. Information about an administrative body does not constitute a commercial secret;

m) (removed – 25.05.2012, No. 6328);

n) professional secret – the secret of confession, information entrusted to a member of Parliament, a member of the Supreme Council of the Autonomous Republic, a doctor, a journalist, a human rights defender, or a defender in connection with their professional activity, as well as information of professional value which became known to the person under the condition of maintaining confidentiality, in connection with the performance of his/her professional duty and the disclosure of which may cause damage to the person’s professional reputation. Information that does not contain personal data, state or commercial secret, as well as information about an administrative body, is not a professional secret;

o) clear and foreseeable law – a norm formulated with due precision, which does not contain general, ambiguous and vague provisions and enables a person to regulate his/her own conduct, as well as to determine in advance, clearly, its legal consequences;

p) narrowly targeted law – a norm that imposes a direct requirement of restriction, specific criteria and an exhaustive list and contains guarantees against the non-purposeful application of this norm;

q) legitimate aim – the goods protected by paragraph 4 of Article 24 and paragraph 3 of Article 26 of the Constitution of Georgia;

r) non-discrimination – the prohibition of adopting different decisions in the case of identical circumstances and the obligation of equal treatment;

s) restriction critically necessary for a democratic society – a restriction arising from a legitimate aim, which serves the protection of a good that is indispensable and of vital importance for the existence of a democratic society and which may be implemented only when all other reasonable and effective possibilities of achieving the legitimate aim are exhausted;

t) proportionality of restriction – a restriction consistent with the legitimate aim and critical necessity, which is the most effective and least restrictive means of achieving this aim. More stringent measures shall be applied only when it is otherwise impossible to achieve the legitimate aim and to satisfy the requirements of critical necessity;

u) absolute privilege – the complete and unconditional exemption of a person from liability provided for by law;

v) qualified privilege – the partial or conditional exemption of a person from liability provided for by law. By a reasoned judgment of the court, a person may lose the privilege for committing a culpable act if this is necessary to achieve a legitimate aim;

w) media – a print or electronic means of mass communication, including the Internet.

Law of Georgia No. 6328 of 25 May 2012 – website, 12.06.2012

Law of Georgia No. 4000 of 10 July 2015 – website, 20.07.2015

Law of Georgia No. 4379 of 27 October 2015 – website, 11.11.2015

Law of Georgia No. 154 of 21 December 2016 – website, 28.12.2016

Law of Georgia No. 2220 of 30 November 2022 – website, 15.12.2022

Law of Georgia No. 825 of 26 June 2025 – website, 27.06.2025

Article 2. Interpretation of the Law🔗

This Law shall be interpreted in accordance with the Constitution of Georgia, the international legal obligations assumed by Georgia, including the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights.

Article 3. Freedom of Speech and Expression🔗

1. The State recognizes and protects freedom of speech and expression as enduring and supreme human values. In the exercise of power, the people and the State are limited by these rights and freedoms as directly applicable law.

2. Everyone, except an administrative body, has freedom of expression, which implies:

a) absolute freedom of thought;

b) freedom of political speech and debate;

c) the right to seek, receive, create, store, process and disseminate information and ideas in any form;

d) the inadmissibility of censorship, editorial independence and pluralism of the media, the right of a journalist to protect the confidentiality of information sources and to make editorial decisions in accordance with his/her own conscience;

e) academic freedom of study, teaching and research;

f) freedom of art, creativity and invention;

g) the right to speak in any language and to use any script;

h) the right to charity;

i) freedom of whistleblowing and protection of whistleblowers;

j) freedom from coercion to express one's views on belief, confession, conscience and worldview, ethnic, cultural and social affiliation, origin, family, property and rank status, as well as on all circumstances that may become the basis for infringement of his/her rights and freedoms.

3. This Law does not deny the rights, freedoms and guarantees related to freedom of speech and expression, protected by the Constitution of Georgia and other universally recognized rights, freedoms and guarantees, which are not mentioned here, but follow per se from the principles of universally recognized human rights and freedoms.

Article 4. Freedom of Thought and Appeal🔗

1. Thought is protected by absolute privilege.

2. An appeal is protected by qualified privilege. An appeal entails liability established by law only when a person commits an intentional act that creates a clear, direct and substantial risk of the occurrence of an unlawful consequence.

Article 5. Freedom of political and judicial speech🔗

1. A statement made:

a) within the framework of political debates, as well as by a member of Parliament, the Supreme Council of an Autonomous Republic or the Sakrebulo in connection with the performance of his/her duties;

b) at a pre-trial or court proceeding, before the Public Defender, at a sitting of Parliament, the Supreme Council of an Autonomous Republic or the Sakrebulo, as well as of its committee/commission, by a person within the exercise of his/her powers;

c) at the request of an authorised body.

2. In the event of filing a claim concerning defamation, the court, at a preparatory sitting with the participation of the parties, verifies the circumstances indicated in paragraph 1 of this Article. If such circumstances are confirmed, the court issues a ruling provided for by Articles 209 and 273 of the Civil Procedure Code of Georgia, which does not entail the consequences provided for by Article 18 of this Law.

Law of Georgia of 10 July 2015 No. 4000 - website, 20.07.2015.

Article 6. Judicial guarantees🔗

1. A person has the right to apply to a court by claim seeking the prevention or restraint of the infringement of the rights recognised and protected by this Law, as well as the restoration of a right violated as a result of unlawful influence and interference.

2. In a court dispute related to defamation published by a journalist in the media, the defendant is the owner of the media.

3. The subject of a court dispute concerning defamation may not be a statement which concerns an indefinite group of persons and/or in which the claimant is not unambiguously identified.

4. A court dispute concerning defamation may not concern the protection of personal non-property rights of a state or administrative body.

4¹. In order to protect the personal non-property rights of a deceased person, a person who has a legitimate interest worthy of protection for that purpose may apply to a court concerning defamation. He/she may exercise a request for such protection of name and dignity as is determinative of the essence of the person and continues after death as well. A request for pecuniary compensation for moral damage for the defamation of name, honour, dignity or business reputation after death is inadmissible.

5. In a court dispute concerning defamation, an improper defendant is a person who is not the author or editor of the statement, or a person who technically ensured the dissemination of the statement, except where he/she clearly and directly supports the statement.

6. In a court dispute concerning defamation, the court takes measures to reconcile the parties. It has the right to postpone the hearing of the case and to set a time limit for settlement, which shall not exceed 10 days.

Law of Georgia of 2 October 2014 No. 2681 - website, 08.10.2014.

Law of Georgia of 26 June 2025 No. 825 - website, 27.06.2025.

Article 7. Standard and burden of evidence🔗

1. Any restriction of the rights recognized and protected by this Law shall be based on irrefutable evidence.

2. When restricting the rights recognized and protected by this Law, any doubt that cannot be proven in accordance with the procedure established by law shall be resolved against the restriction of these rights.

3. When considering the issue of granting a person the status of a private or public person, any reasonable doubt that cannot be proven in accordance with the procedure established by law shall be resolved in favour of granting the person the status of a public person.

4. When considering the issue of granting the status of public attention or curiosity, any reasonable doubt that cannot be proven in accordance with the procedure established by law shall be resolved in favour of granting the event the status of public attention.

5. When considering the issue of granting the status of opinion or fact, any reasonable doubt that cannot be proven in accordance with the procedure established by law shall be resolved in favour of granting the information contained in the statement the status of opinion.

6. (Removed - 26.06.2025, No. 825);

7. (Removed - 26.06.2025, No. 825);

Law of Georgia of 26 June 2025 No. 825 - website, 27.06.2025.

Article 8. Grounds for restriction of freedom of speech and expression🔗

1. Any restriction of the rights recognized and protected by this Law may be imposed only if it is provided for by a clear and foreseeable, narrowly targeted law and the good protected by the restriction outweighs the harm caused by the restriction.

2. A law restricting the rights recognized and protected by this Law shall be:

a) directly aimed at the pursuit of legitimate aims;

b) critically necessary for the existence of a democratic society;

c) non-discriminatory;

d) proportionately restrictive.

Article 9. Substantive regulation🔗

1. A law may impose substantive regulation of speech and expression if it concerns:

a) defamation;

b) obscenity;

b¹) compliance with any requirement established by the Law of Georgia "On Family Values and Protection of Minors";

c) insult in person or insult in public space;

d) incitement to commit a crime;

e) threat;

f) personal data, state, commercial or professional secrets;

g) advertising, teleshopping or sponsorship;

h) freedom of speech and expression of a military serviceman, an administrative body, as well as its official, member or employee;

i) freedom of speech and expression of a person deprived of liberty or restricted in liberty;

j) (Removed - 20.03.2015. No. 3375).

2. Substantive regulation may be carried out only in the form of a viewpoint-neutral, non-discriminatory restriction.

Law of Georgia of 25 May 2012 No. 6328 – website, 12.06.2012.

Law of Georgia of 20 March 2015 No. 3375 - website, 31.03.2015.

Law of Georgia of 17 September 2024 No. 4450 – website, 03.10.2024.

Law of Georgia of 26 June 2025 No. 825 - website, 27.06.2025.

Article 10. Content-neutral regulation🔗

1. In content-neutral regulation, restriction of the subject of expression shall be inadmissible.

2. Content-neutral regulation may provide only for such non-discriminatory restriction based on the place, time and form of expression, which does not affect the content of information or ideas or the expressive effect, or leaves an effective opportunity to express them by other means.

Article 11. Protection of professional secrets and their source🔗

1. The source of professional secrets is protected by absolute privilege and no one has the right to demand disclosure of this source. In a court dispute concerning restriction of freedom of speech, the defendant may not be imposed with the obligation to disclose the source of confidential information.

2. Disclosure of confidential information shall be inadmissible without the consent of its holder or, in cases provided by law, without a reasoned judgment of the court.

3. The court is entitled to issue a ruling on securing evidence in relation only to the disclosure of that part of confidential information whose necessity of disclosure has been proven.

4. Confidential information obtained through disclosure may be used only for the purpose for which its disclosure took place.

Article 12. Liability for disclosure of secrets🔗

1. A person shall bear liability only for the disclosure of such secret which he/she is obliged to protect by service or by civil transaction and the disclosure of which creates a clear, direct and substantial threat to goods protected by law.

2. A person shall be released from liability if the disclosure of the secret aimed at protecting the legitimate interests of society and the protected good outweighs the damage caused.

3. (Removed - 26.06.2025, No. 825);

4. A person may demand compensation for pecuniary and non-pecuniary (moral) damage caused by the infringement of the rights protected by paragraphs 1 and 2 of this Article.

Law of Georgia of 25 May 2012 No. 6328 – website, 12.06.2012.

Law of Georgia of 26 June 2025 No. 825 - website, 27.06.2025.

Article 13. Defamation of a private person🔗

1. A private person who considers himself/herself the addressee of defamation and files a claim demanding the imposition of liability on the defamer must submit to the court the statement which he/she considers defamatory, must indicate in the claim what substantially false fact this statement contains about him/her, and must substantiate why the said statement is defamatory of the claimant's name.

2. The defendant shall be imposed with the corresponding liability for defamation on the basis of the claim defined by paragraph 1 of this Article, if he/she fails to prove that the disputed statement does not contain a substantially false fact about the claimant.

Law of Georgia of 26 June 2025 No. 825 - website, 27.06.2025.

Article 14. Defamation of a public person🔗

1. A public person who considers himself/herself the addressee of defamation and files a claim demanding that liability be imposed on the defamer shall submit to the court the statement which he/she considers to be defamation, shall indicate in the claim what materially false fact about him/her this statement contains, and shall substantiate why the said statement is damaging to the claimant's name.

2. The defendant shall be held liable for defamation on the basis of a claim defined by paragraph 1 of this article if he/she fails to prove that the disputed statement does not contain a materially false fact about the claimant.

3. The defendant's liability provided for by paragraph 2 of this article shall be excluded if, notwithstanding that the disputed statement contains a materially false fact about the claimant, the defendant proves his/her own good faith in connection with the dissemination of the statement. For the purposes of this norm, good faith shall be deemed to exist when the defendant, before disseminating the said statement, took all necessary reasonable measures to verify the accuracy of the relevant information and was unaware of the falsity of the fact.

Law of Georgia of 26 June 2025 No. 825 – website, 27.06.2025.

Article 15. (removed)🔗

Law of Georgia of 26 June 2025 No. 825 – website, 27.06.2025.

Article 16. Scope of liability for defamation🔗

A person shall not be held liable for defamation if he/she did not know and could not have known that he/she was disseminating defamation.

Article 17. Compensation for damage caused by defamation🔗

1. In connection with defamation, the defendant may be ordered to publish a notice about the court's judgment in the form determined by the court.

2. It shall be inadmissible to compel the defendant to apologize.

3. If the court considers that the publication of a correction or denial is not sufficient for adequate compensation of the damage caused to the claimant by defamation, at the claimant's request the defendant may also be ordered to compensate the pecuniary damage and/or non-pecuniary (moral) damage caused to the claimant.

Law of Georgia of 26 June 2025 No. 825 – website, 27.06.2025.

Article 18. Unfounded claim concerning defamation🔗

In the case of filing a clearly unfounded claim concerning defamation for the purpose of unlawfully restricting freedom of speech and expression, the defendant shall have the right to demand from the claimant the receipt of monetary compensation within reasonable limits.

Article 19. Limitation period for a claim

A claim concerning defamation shall be filed with the court within 100 days after the person became aware or could have become aware of the statement.

Article 20. Invalid act🔗

Upon the entry into force of this Law, the Law of Georgia "On the Press and Other Means of Mass Information" shall be declared invalid.

Article 21. Entry into force of the Law🔗

This Law shall enter into force upon publication.

President of Georgia M. Saakashvili

Tbilisi,

24 June 2004.

No. 220-rs