Internet law, as a single omnibus statute, does not exist in Georgia. The operative rules for internet content are gathered in the media-service and video-sharing-platform chapters of the broadcasting law — a regime built on the transposition of the European model for digital services — and are joined by the copyright law's online-enforcement provisions. Applying foreign frameworks directly in Georgia is a mistake. This page explains which laws operate and what the state may restrain, on the basis of articles three, forty-five-three and forty-five-five of the broadcasting law.
The Legislative Perimeter
Under article three, the legislation operating in the spheres of media services and video-sharing-platform services comprises the Constitution of Georgia, the international treaties of Georgia, the Organic Law — the Electoral Code of Georgia, the broadcasting law itself, the laws on national regulatory bodies and on copyright and neighbouring rights, and other legislative and subordinate normative acts. This legislation must be interpreted in accordance with the European Convention on Human Rights, the practice of the European Court of Human Rights and other international legal norms binding on Georgia.
The perimeter also defines the equality of persons: a citizen of a foreign state and a legal entity, as well as a stateless person, enjoy the same rights and duties as a citizen of Georgia or an entrepreneurial entity, unless the legislation provides otherwise. For a platform operating in the internet space this means that a foreign operator is equally framed by the Georgian rules.
Free Reception of Media Services
Article forty-five-three governs the regime of foreign services: the free reception and unrestricted distribution in Georgia of media services authorized or licensed in other states is permitted. The exception is narrow: the commission may, on the basis of a corresponding decision, temporarily not permit the distribution of such a service where the provider flagrantly and grossly violates the relevant requirements of the law, endangers the protection of public health, and committed the violation no fewer than twice during the last 1 year.
Even then the commission must notify the provider in writing of the presumed violation and of the measures it plans to take should the violation be repeated, and must give the provider the opportunity to submit its position at a session, in writing and orally. This procedural guarantee marks the boundary of legitimate state interference with internet content: restriction is a last resort, not a first form of reaction.
Video-Sharing Platforms and Advertising
Article forty-five-five sets the obligations of video-sharing-platform providers towards audiovisual commercial communication: the provider must comply with the requirements of the law for communication whose marketing, sale and organization it carries out itself, and must implement measures so that the requirements are also observed for communication it does not organize. This distinction has practical weight: the platform answers both for its own organized communication and for third-party communication — in the latter case it must implement measures to protect the requirements.
The communication itself must meet strict conditions: it must be easily recognizable — covert communication is prohibited; no technique exerting subconscious influence may be used; it must not infringe human dignity and must not contain or encourage discrimination on grounds of sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; it must not encourage conduct harmful to health or safety, or conduct significantly harming the environment; every form of communication for cigarettes and other tobacco products, as well as for electronic cigarettes and containers, is prohibited; communication for alcoholic drinks must not be directed specifically at minors and must not encourage excessive consumption; and communication of medicines and remedies dispensed by prescription is prohibited.
Special protection concerns minors: communication must not cause them physical, mental or moral harm, must not directly exhort them to purchase a product or service by exploiting their inexperience or trust, must not directly encourage them to persuade their parents or others to buy the advertised goods, must not exploit their special trust in parents, teachers or other persons, and must not place them in dangerous situations.
Frequently Asked Questions
Questions about internet law most often concern which law applies and whether a foreign service may be restricted.
Does an internet-law statute exist in Georgia?
No. The binding rules for content lie in the broadcasting law and the copyright law; there is no general internet statute.
May a foreign media service be restricted?
Only in a narrow case: a flagrant, repeated and gross violation endangering public health — and only after written notice and the opportunity to submit a position.
Who decides on temporary non-distribution?
The commission, on the basis of a corresponding decision, subject to the prior written-notification obligation.
What requirement does the platform face for advertising?
Communication must be easily recognizable; covert and subconscious techniques are prohibited, and every form of tobacco communication is banned.
Do the same rules extend to foreigners?
Yes — a foreign citizen and legal entity, and a stateless person, enjoy the same rights and duties, unless the legislation provides otherwise.
How We Help on Legal.ge
The Legal.ge team works with digital platforms and content creators: we assess which rules extend to a particular service, prepare compliance recommendations and safeguard procedural guarantees in cases of state interference.
If the compliance of a digital service or the legal status of content concerns you, write to us on Legal.ge — we will assess your situation on the basis of the legislation in force.
