The situation in Georgia is alarming, as mass protests continue against the authorities’ efforts to restrict fundamental rights and intimidate civil society. ARTICLE 19 urges the Georgian government to repeal the recently-adopted amendments that severely undermine the right to protest and freedom of expression. Georgia must refrain from taking steps that weaken democracy and push the country toward authoritarianism.
On 6 February, the Georgian parliament swiftly passed a series of restrictive amendments to the criminal and administrative codes, blatantly cracking down on the right to protest and further undermining freedom of expression in the country. The new controversial regulations come amid nationwide protests, with people denouncing the ruling Georgian Dream party’s decision to halt negotiations with the European Union – a move widely seen as a shift towards Moscow. The mass demonstrations are met with violent responses from law enforcement, with protesters including journalists being assaulted or detained. The current socio-political turmoil has been further exacerbated by the recent adoption of a Russia-style ‘foreign agent’ law, which threatens the future of independent media and civil society organisations.
Criminal penalties for critical speech
The new amendments to the administrative law expand the definition of ‘hooliganism’ in public spaces beyond physical acts and introduce harsher penalties, increasing fines from 1,000 GEL to 3,000 GEL (around 1000 EUR) and extending imprisonment from 15 to 60 days. The offence could apply to any activity – including social media posts and comments, which, under Georgian law, is considered a public space – that disturbs public order or the peace of citizens. Under international human rights law, imprisonment for violating public order is considered a disproportionate measure, particularly when it is used to criminalise peaceful assembly and expression. In addition, since there is no precise definition of what constitutes a violation of public order, this can serve as another tool to prosecute people for criticising the government.
The amendments increase penalties for verbally insulting police officers, now punishable by a fine of 6,000 GEL (around 2,000 EUR) or up to 60 days of detention. They also introduce the same penalties for ‘verbal insults, profanity, threats or offensive remarks’ directed at political officials. These provisions effectively criminalise critical speech against public officials and violate international human rights standards, which clearly indicate that public officials must demonstrate a higher tolerance for criticism due to their public role.
The amendments also introduce criminal penalties of up to three years’ imprisonment for ‘incitement to violence’. However, the provision is vague and fails to define what actions could lead to prosecution. Governments that gradually erode free expression often exploit anti-discriminatory or hate speech laws to target critics and silence dissenting voices under the pretext of securing public order.
Restrictions on peaceful assembly
The recent amendments introduce severe restrictions on the freedom of assembly and protest. They outlaw spontaneous gatherings, prohibit holding protests in closed spaces or buildings without the owner’s consent (which will directly affect the gatherings at the universities’ premises), and ban blocking transportation routes such as highways, bridges, and railways. The Ministry of Internal Affairs, rather than local municipalities, will now decide when roads should be reopened during protests. Protesters can also be punished for obstructing pedestrian movement. In addition, fines for violating new protest regulations have increased from 500 GEL to 2,000 GEL, and the detention period has been extended from 15 to 60 days. The law also allows for the prohibition of temporary installations, such as stages or tents, if authorities deem them a threat to public order.
ARTICLE 19 urges the Georgian authorities to reevaluate the controversial amendments, repeal the provisions that violate international human rights law, and refrain from imposing further restrictions on the right to peaceful assembly. We reiterate that under international freedom of expression standards blanket bans on protests are illegal. The UN Human Rights Committee affirms that failing to notify authorities or seek authorisation does not make an assembly unlawful. States should require notification only when necessary to facilitate protests, and spontaneous demonstrations must be exempt.
ARTICLE 19 reiterates that the right to protest is fundamental to an informed and resilient civil society, enabling people to voice concerns and push for change. All those detained for participating in protests must be released. Journalists must also be free to report on matters of public interest, as their work is crucial to secure people’s access to information.
The Georgian government has a duty under international law to protect protests and uphold media freedom and the right to protest. Restrictions on demonstrations are only justified in exceptional cases and must be legal, necessary, and proportionate. Authorities must ensure that any measures taken are the least intrusive possible. We strongly condemn the use of violence against protesters and journalists and urge thorough investigations into such incidents. Law enforcement should resort to proportionate force only when absolutely necessary, and as a last resort.