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Georgia Study on blocking, filtering and take-down of illegal Internet content

(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.

Law on Freedom of Speech and Expression

(1) Granting “Freedom of speech and expression” (art 3), “Protection of confidential information and sources (art 11)” and “Liability for disclosure of a secret” (art 12). (2) Any restriction of a right guaranteed and protected by this law shall be legitimate only if it is introduced by a clear and foreseeable, narrowly tailored law, and the public interest served by the aim of the restriction exceeds the damage to freedom of expression caused by the restriction. Any restriction of a right guaranteed and protected by this law shall be: (a) directly intended at fulfillment of a legitimate aim; (b) critically necessary in a democratic society; (c) non-discriminatory; and (d) proportionate to the aim of the restriction (art 8). (3) The content of any form of speech or expression may be regulated only in pursuit of the...

The Constitution of Georgia, August 24, 1995

Providing that “everyone has the right to freely receive and impart information, to express and impart his/her opinion orally, in writing or by in any other means. . . . Mass media shall be free. . . . censorship shall not be permitted” (art 24).

Law No. 1514 on Electronic Communications, June 6, 2005

(1) To ensure that regulatory decisions of the Commission are taken in an open, non-discriminatory, transparent and technologically neutral way, this law provides the principles for pursuing activities in the field of electronic communications. (2) The Commission shall control the fulfillment of license conditions by the license holders using radio frequency spectrum and/or numbering resource. (28.12.2005 N 2564). Liability for the breach of requirements and obligations shall be incurred by natural persons and legal entities pursuant to Georgian legislation. (28.12.2005 N 2564). Pursuit of activities in the electronic communications sector without authorization, the use of radio spectrum and/or numbering resources without a license for the use of resources shall be deemed an illegal economic activity, prohibited and...

Law on the Protection of Minors from Harmful Influence, September 28, 2011

There is no law that specifically govern the internet, regulates online censorship or bans inappropriate content, such as pornography or violent material. The Law of Georgia on the Protection of Minors from Harmful Influence addresses gambling and violence, but it does not refer to online activities. Nevertheless, all legal regulations (especially copyright or criminal law) apply directly to internet activities.