Parliament Adopts Amendment to the Law on Freedom of Speech and Expression and the Civil Procedure Code of Georgia in Third Reading

In its third reading and under an accelerated procedure, the Parliament adopted amendments to the Law of Georgia on Freedom of Speech and Expression and the Civil Procedure Code of Georgia with 83 votes in favour.
The amendments to the Law on Freedom of Speech and Expression concern issues related to defamation of both private and public individuals.
Specifically, the definition of defamation is clarified. According to the new definition, defamation is a statement containing a substantially false fact that damages a person's reputation.
Additionally, the time period granted by the court for reconciliation between the parties in a defamation dispute is reduced from the current one month to up to 10 days.
Under the existing regulations, in the case of legal proceedings, the burden of proof lies with the plaintiff — the person about whom the substantially false and reputation-damaging statement was made.
According to the amendments, the burden of proof will shift from the plaintiff to the defendant — the author of the defamatory statement — who will now be required to prove in court that their statement does not contain a substantially false fact about the plaintiff.
The amendment shall not apply to cases filed before the law enters into force. These cases must be completed in accordance with the rules effective prior to the law’s enactment.
According to the changes to the Civil Procedure Code of Georgia, any person who considers themselves a victim of defamation shall have the right to file a lawsuit against the person who, in their view, made the defamatory statement.
A claim can be submitted to the court within 100 days from the moment the person became aware or could reasonably have become aware of the statement they consider defamatory.
A person shall have the right to seek compensation through the court for property and/or non-property (moral) damages caused by the defamatory statement.
