investigative journalist –
MEDIA: iFact – Georgia
Original article link.
If all the laws recently adopted by “Georgian Dream” come into force this year, you will no longer be able to speak out, and public protest will become a thing of the past. We’ll only be able to whisper our dissatisfaction with those settled in power, because under the new “law,” verbal insult toward a public servant or political figure will be punished with a fine of 1,500 to 4,000 GEL or up to 45 days in prison.
You also won’t hear about people’s problems in the media. The government will impose its own “objectivity standard” on them, and non-governmental organizations will lose access to foreign funding, which for many means the end of their activities. However, the government plans to create a Ministry of Grants, which will fund only those projects aligned with its own goals.
This is how critical voices will disappear, and every evening the television will show the same thing on every channel — “Peace, Unity, Progress.” “Georgian Dream” will present these changes as “measures necessary for stability.” We are just one step away from this reality.
This kind of scenario is not unfamiliar. When public dissatisfaction grows and mass protests begin in the streets, authoritarian regimes do not panic — they already have a plan.
First, they declare the protest illegal — for this, the government adopts new laws that define any demonstration as a “conspiracy against the state.” Then come mass arrests — punishment of leaders and active demonstrators, intimidation of the public. Finally, violence and propaganda — the government labels demonstrators and critical organizations as “foreign agents” and tries to turn the public against them.
We have already seen how this scenario plays out — in Russia, Belarus, Kyrgyzstan, and now in Georgia.
Critical Media and Announced Restrictions
The third coming of the agents’ law is being planned. Georgian Dream hastily initiated the “Foreign Agents Registration Act.” In the document’s text, you will find terms like “Congress,” “person residing outside the U.S.,” “principal” — likely to prove that the law is a word-for-word translation of the American FARA. These are precisely the terms that make the text vague and difficult to fully merge with Georgian reality.
The bill was registered in Parliament for consideration on February 19. The “Foreign Agents Registration Act” applies to both physical and legal persons, obliging them to register as “foreign agents.” The requirement applies to organizations and other entities that are funded from abroad and engage in public activities. Failure to comply may result in fines or up to 5 years of imprisonment for individuals, and fines for legal entities.
Based on the text of the bill, it may also apply to the media — if they act “on behalf of a foreign interest.” For example:
- If a media outlet receives funding from abroad (from a foreign government, organization, or other foreign source);
- If its activity could be considered as influencing the public or political processes — something explicitly mentioned in the bill;
- If it engages in “political activity,” which is broadly defined and may include activities journalists perform.
According to Georgian Dream’s plan, the bill will be finalized at the plenary session on April 4 and will come into force 60 days after its publication — that is, on June 4.
According to American lawyer Ted Jonas, if the government truly adopts the U.S. FARA, it would be manageable, because that law only requires self-registration and does not involve a government regulatory body overseeing organizations. Moreover, the American law focuses only on actual control and agency — not just funding.
“You can receive 100% of your budget from a foreign organization in the form of a grant, but if you do not fit the strict legal definition of an ‘agent,’ registration is not required. That’s a major difference. Also, the American law does not apply to scientific, academic, religious, artistic, or humanitarian organizations that are agents of U.S. allies. And unlike the current Russian law, FARA does not apply to media financed by foreign entities but not controlled by them.”
However, it seems that “Georgian Dream” will adopt legislation that formally resembles U.S. FARA, but will then impose additional restrictions through other laws — for example, via amendments to the broadcasting law.
What Will the Planned Amendments to the “Broadcasting Law” Bring?
Two amendment packages to the broadcasting law are being discussed in Parliament, which impose new regulations on the media. “Broadcaster” refers to TV and radio stations that require a broadcasting license.
One of the amendment proposals introduces an “objectivity standard,” a requirement to maintain balance, and expands the powers of the Communications Commission. The initiators are Georgian Dream MPs Nodar Turdzeladze and Giorgi Gabunia.
Within the requirement to ensure accuracy, lawmakers demand that “news and fact-based information be transmitted with proper accuracy and impartiality.” Also, “when broadcasting news, the broadcaster is obligated to uphold the principles of fairness and impartiality.”
Additionally, the amendments require broadcasters to “maintain balance when covering political or other types of disputes in news programs,” and forbid expressing supportive or opposing positions toward any political party, public or religious group, or interest group. Furthermore, the law will require that “broadcasters treat each person featured in a program with appropriate fairness and respect.”
The content of live call-ins will also be regulated. Calls must be selected according to the “principle of fairness,” and only one viewpoint must not be presented. Broadcasters will also be required to “respect the audience’s emotions and maintain a balance between public interest and an individual’s legitimate expectation of privacy.”
One of the changes bans any form of funding from a “foreign power” to licensed broadcasters (TV, radio), whether directly or indirectly — including money, property, or other material benefit. It also prohibits service purchases by a foreign power, except for commercial advertisements or product placements.
According to the article, a “foreign power” refers to:
a) Any institution of a foreign government;
b) A physical person who is not a citizen of Georgia;
c) A legal entity not established under Georgian law;
d) Any organizational unit (foundation, association, corporation, union, or other type of entity) established under foreign or international law.
According to the initiators, this “British standard” bill aims to ensure high-quality and objective broadcasting. However, according to Transparency International – Georgia, the amendments grossly contradict Georgia’s constitution and freedom of expression.
“The first package aims to cut off critical broadcasters from international donor funding — in conditions where, due to the objectively limited advertising market and other factors, it is difficult for critical broadcasters to survive on ad revenue alone.
The second package aims to expand and make even more restrictive the Communications Commission’s administrative power over independent broadcasters, which in the end threatens the financial sustainability of critical media,” the TI report reads.
Chronicle of Russian Repressions
What is happening now in Georgia has already happened in Russia. It’s essentially all Putin has done since coming to power. In Russia, independent media labeled as “foreign agents” have become virtually unable to operate.
“After Russia invaded Ukraine in February 2022, nearly all independent media in Russia were either banned, blocked, or declared ‘foreign agents’ or ‘undesirable organizations.’ The remaining outlets are under military censorship,” writes Reporters Without Borders.
“Yes, this is a full-fledged repressive mechanism. It’s the same method used during Stalin’s 1937 purges: ‘There will always be a charge if there is a person.’ In other words, if the authorities want to silence someone, they will always find a reason,” says Alyona Vandysheva, director of Transparency International Russia.
After the start of the Russia-Ukraine war, Alyona moved to Georgia. She told us how it all started and how Russian repression became all-encompassing. She considers the starting point to be 2006, when the Russian government restricted NGO funding. In 2010–2012 came the introduction of the “foreign agent” label, which eventually evolved into large-scale political persecution — affecting both media and individuals. Today, thousands of people have been punished for speaking out against the government.
ILLUSTRATION 1
The repressive changes directly affected “Transparency International Russia.” The organization was granted the status of “foreign agent.” With this status, the organization was obligated to regularly present detailed reports to the Ministry of Justice and to publicly mark published materials as prepared by a “foreign agent.”
From time to time, the pressure intensified — the organization was removed from the election monitoring process, and state institutions were prohibited from any professional communication with its representatives. Media outlets, fearing that they too would end up on the list of “foreign agents,” refused to publish Transparency International Russia’s research and analytical materials. To apply financial pressure, advertisements launched by the organization on social networks were blocked.
Eventually, in March 2023, the Russian authorities declared Transparency International Russia an “undesirable organization,” which practically meant a complete ban on its operations in the country.
Alyona tells us that the Russian authorities have numerous levers for suppressing journalists and independent activists. “First of all, they fine media outlets and non-governmental organizations that violate the ‘foreign agents’ law. In addition, they freeze bank accounts, mass arrest journalists, and also use the labels of ‘extremist’ and ‘terrorist’ against them. Military censorship is also one of the main methods — if someone spreads information about the war in Ukraine and does not rely on official state sources, they face serious punishment for ‘spreading false information.’”
As a result, “not a single journalist, even those in exile, feels safe, because they face serious accusations based on vaguely formulated and strict laws. The invasion of Ukraine gave this process a new push, as a result of which Parliament urgently passed a law under which the dissemination of ‘false information’ about the Russian Armed Forces or any other state agency is punishable by up to 15 years in prison,” we read in the conclusion of Reporters Without Borders.
A researcher and lawyer who personally experienced the power of repression shares her experience with Georgian media and civil society:
“Develop investigative journalism services and tools that ensure analysis of public procurement, budget spending, and government activities. The better equipped you are with information, the higher your chances.
One mistake we made was that we worked only with people who already shared our values. We did not try to reach a wider audience. Perhaps this can be a lesson for others as well — including for Georgian society.”
What path did civil society and media go through in Kyrgyzstan?
On February 10, the authorities of Kyrgyzstan made amendments to the law, which considers defamation and insult on the internet and in media as a criminal offense. Organizations will be fined 750 USD, and individuals – 230 USD – on charges of defamation and insult. Complaints will be reviewed by the police, and decisions will be issued by administrative courts in an expedited manner.
“The law adopted by Kyrgyzstan, which will simplify fining media outlets, is outrageous,” – said Gulnoza Said, the Europe and Central Asia program coordinator of the Committee to Protect Journalists (CPJ). According to her, these changes are another blow to the still-remaining independent media in the country, which is increasingly restricted under the authoritarian rule of President Sadyr Japarov.
These changes follow the 2021 law, which gave the authorities the right to block websites of independent media outlets under the pretext of “spreading false information.”
Since Sadyr Japarov came to power in 2020, unprecedented pressure on media has begun in Kyrgyzstan:
- Major media outlets were shut down;
- Journalists were arrested;
- The bank accounts of Radio Free Europe’s Kyrgyz service were frozen;
- Bolot Temirov was stripped of citizenship and deported from the country because his investigative platform Temirov Live was covering high-ranking officials’ corrupt activities.
Last year, Kyrgyz police arrested 11 journalists connected with Temirov Live. They are accused of “disobedience and inciting mass unrest.” Also, the State Committee for National Security (UKMK) arrested the director and two editors of 24.kg. A case was opened against them with the charge of “war propaganda,” because the agency was covering Russia’s invasion of Ukraine.
Also, the Bishkek court made the decision to liquidate Kloop Media Public Foundation. Kloop, which had been one of Kyrgyzstan’s leading information platforms since 2010, is known for exposing government corruption.
During the court case against Kloop, government witnesses presented the following arguments against the media:
- One witness accused the media of “spreading negative news”;
- Another stated that “reporting bad news contributes to the spread of mental illness among the population.”
- Last year, the President of Kyrgyzstan signed a controversial bill that gives the authorities the ability to declare non-governmental organizations as “foreign agents.” According to critics, this law suspiciously resembles the “agents” law in Russia, which for years has been used to eliminate civil society and media.
Last year, the President of Kyrgyzstan signed a controversial bill that gives the authorities the ability to declare non-governmental organizations as “foreign agents.” According to critics, this law suspiciously resembles the “agents” law in Russia, which for years has been used to eliminate civil society and media.
ILLUSTRATION 2
The chance that Georgian civil society and free media will share the fate of Kyrgyzstan and Russia is already greatly increased. Georgia’s Prime Minister responds to the announced repressive legislation like this: “This is needed by our society and for the protection of our country’s national interests.”
But is the interest of Georgian Dream in line with the interests of an independent Georgian state? This is the main question that the citizens of Georgia must answer before Georgia also becomes Russia.
Our audience can find more about Nino Apakidze on her official website.
