(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release: GEORGIA: HARSH DEFAMATION LAWS MUST BE AMENDED ARTICLE 19 today released an analysis of Georgia’s harsh defamation laws in relation to international standards (1). We recommend the complete repeal of criminal defamation and significant amendment of the civil defamation laws. Georgian defamation law is […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release:
GEORGIA: HARSH DEFAMATION LAWS MUST BE AMENDED
ARTICLE 19 today released an analysis of Georgia’s harsh defamation laws in relation to international standards (1). We recommend the complete repeal of criminal defamation and significant amendment of the civil defamation laws.
Georgian defamation law is frequently abused to shield those in power from media scrutiny. Both civil and criminal defamation laws provide for harsh sentences, and the government has recently suggested introducing lengthier sentences for defamation of public officials.
ARTICLE 19 believes that Georgian defamation law is in urgent need of amendment. Our analysis examines the law against international standards on freedom of expression and recommends, amongst other things, that:
* defamation should be decriminalised;
* public bodies, including bodies forming part of the legislative, executive or judicial branches of government, should be barred from suing in defamation cases;
* statements of opinion, as opposed to factual accusations, should not be actionable in defamation cases;
* Internet Service Providers and others performing similar functions should be shielded from liability;
* there should be a defence if ‘reasonable publication’;
* damages awarded should always be proportionate to the harm suffered, and a fixed ceiling should be established for non-material harm.
ARTICLE 19 urges the new Georgian authorities to deliver on their promises of greater respect for rights and democracy by undertaking an immediate review of their defamation laws with a view to bringing them into line with international standards of respect for freedom of expression.
Notes:
1. The analysis can be found at: http://www.article19.org/docimages/1722.doc
