Georgia is strengthening the law on defamation: opposition media, politicians and activists are under attack
Kyiv • UNN
The Parliament of Georgia is adopting amendments to the law on defamation, which strengthen the rules and shift the burden of proof to the defendant. Critics fear restrictions on freedom of speech, while the authorities declare a fight against unfounded insults.
The Parliament of Georgia has adopted in the first reading amendments to the law on freedom of expression, which tighten the rules on defamation, and potentially expand the possibilities for legal prosecution for statements in public and private spaces, UNN reports with reference to "News of Georgia".
Details
The initiative belongs to deputies from the ruling "Georgian Dream". The amendments are planned to be adopted in an accelerated manner this week.
The bill clarifies the definition of defamation as "a statement containing a substantially false fact and defaming a person's name." At the same time, the condition that such a statement must cause harm is excluded from the current wording — now it is enough that it "defames the name."
One of the key changes is the transfer of the burden of proof: in the event of a lawsuit, the defendant will have to prove that the information disseminated by him does not contain a substantially false fact. The plaintiff will be released from the obligation to prove his case in court.
If the information does turn out to be false, but the defendant proves that he acted in good faith (for example, took reasonable steps to verify the information before disseminating it), he may be exempt from liability.
At the same time, the qualified legal privilege is abolished – a norm that protects a person from liability for defamation, even if his statement turned out to be substantially false, but served the public interest or was disseminated with the consent of the victim.
In addition, the law provides for a reduction in the time allotted for reconciliation of the parties in court – from one month to ten days. If refutation or correction of the publication is insufficient, the court will be able to oblige the defendant to pay material compensation.
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According to David Matikashvili, a deputy from "Georgian Dream", the law will have a 100-day retroactive effect. This means that statements made before the law comes into force, but which fall under this 100-day period, will also be regulated by new, stricter rules.
Critics fear that the proposed changes could seriously limit freedom of speech in the country and be used to put pressure on the media, activists and the opposition. They believe that in this way the ruling party is fighting its opponents in the context of a political crisis.
Georgian Prime Minister Irakli Kobakhidze stated that all initiatives of his team are "compatible with the fundamental right to freedom of speech." According to him, the changes are aimed against the established practice when "there is no limit to insults and defamation".