GD Registers in Parliament Controversial Amendments to Broadcasting Law related to Regulation of Hate Speech

The Parliament will deliberate on the initiative of Georgian Dream to make amendments to the Law on Broadcasting in an accelerated manner. The amendments expand the powers of the National Communications Commission, including on regulating hate speech, have been registered by the ruling Georgian Dream party.

According to the explanatory card, “the draft law aims to improve the Georgian law on “broadcasting” in accordance with the recommendation of the European Commission and to create an effective mechanism to prevent the spread of programs and commercials with hate speech and incitement to terrorism”.

According to the draft law, in case of violation of Article 55 (2) (which prohibits the dissemination of hate speech and incitement to terrorism in the media service provider’s programming or advertising), it will be possible to appeal a decision taken within the framework of the self-regulation mechanism to the Communication Commission.

According to the draft law, “If the fact of violation is confirmed, the Commission is entitled to make a decision on the declaration. The broadcaster is obliged to broadcast a declaration on the violation of the requirements of the Georgian legislation, and license/authorization conditions on its own program at the best time within 5 days. Taking into account the seriousness of the violation, the Commission is authorized to consider the issue of applying appropriate sanctions to the broadcaster”.

The explanatory card states that media service providers who violate Article 55 (2) and receive a warning, in case of repeated similar violations within one year, will be fined in the amount of 0.5% of the last year’s income, but not less than 2500 GEL. In case of the next similar violation, the amount of the fine will be increased.

In a statement issued on October 17, the Media Advocacy Coalition expressed concern about the concentration of additional power in the hands of the regulator and warned that this could potentially lead to abuse, adding: “Given past practice, the Media Advocacy Coalition and media organizations have a legitimate reason to be concerned.”

The coalition says that in cooperation with broadcasters, it had proposed an alternative solution to regulating hate speech last year, which was not considered by the ruling party. The Coalition cites independent experts from the Council of Europe who also supported the idea of effective co-regulation in light of the prevailing context in the country.

The coalition calls on the parliamentary majority to consult with broadcasters and seek broad consensus before passing any media-related legislative changes. They stressed that this is in line with the requirements of the European Directive on Audiovisual Media Services.

Also Read:

• 04/07/2023 – Parliament Adopts Amendments to Georgian Broadcasting Law
• 23/12/2022 – Parliament Adopts Amendments to the Law on Broadcasting

This post is also available in: ქართული (Georgian) Русский (Russian)