Disseminators to bear burden of proof under proposed amendments, says Georgian Parliament official

David Matikashvili, an MP from the ruling Georgian Dream party and Chair of the Georgian Parliament’s Committee on Procedural Issues and Rules, on Wednesday said that under proposed amendments to the Law on Freedom of Speech and Expression, individuals who disseminate information will be required to prove whether that information is true or not.

“The disseminator of information will have to prove whether the information one disseminates is true or not. To some extent, this will serve as a preventive measure, so that before making such statements - particularly those that falsely accuse individuals, known as slander - people will consider the consequences”, Matikashvili said.

He added that the proposed amendments also include changes to the Civil Procedure Code, which will introduce expedited timelines for reviewing such cases.

The Georgian Parliament will consider the amendments to the Law on Freedom of Speech and Expression in its first reading on Wednesday.

According to the legislative amendments, the definition of defamation is being clarified to mean a substantially false statement that damages a person's reputation.

The bill also maintains separate provisions regulating defamation concerning private and public individuals but refines the legal terminology and redistributes the burden of proof.

Previously, individuals claiming to be defamed had to prove that the statement was untrue. Under the proposed amendments - aligned with European legal standards - the responsibility to provide evidence shifts to an individual who disseminated the allegedly defamatory information.