the operators, effective complaint procedures, and better service. The Commission
plans to expand the market of broadband communications service to ensure competition in local access networks, in order to decrease bandwidth rates and to promote
VoIP technologies.
Any activity in the telecommunication sector in Georgia requires proper authorization. 16 In order to obtain an authorization, 17 the operator must register with the Commission and provide the required company information and type of services it intends
to offer. Receiving authorization is not a burdensome process, with 25 ISPs receiving
authorization to operate in 2007 alone. 18 To ensure compliance with active legislation,
the Commission exerts direct control over the activities of operators in the electronic
communications sector. 19
According to Article 24 of Georgia’s Constitution, any person has the right to receive
and disseminate information in writing or any other form. Media restrictions and censorship are prohibited. The rights provided for in Article 24 may be restricted by law
only to the extent needed to ensure the state’s security and territorial integrity, prevent
crimes, protect the rights and dignity of individuals, prevent the dissemination of
information that has been considered confidential, or ensure the independence and
impartiality of justice. Furthermore, the principle of freedom to disseminate information is also enshrined in Article 13 of the Criminal Code of Georgia.
The Law on Freedom of Speech and Expression of 2004 20 elaborates on the content
of freedom of expression originally enshrined in the Constitution. This law also details
the narrow circumstances under which freedom of speech and expression may be
restricted.
Internet Filtering during the 2008 Russia-Georgia War
Despite the existence of legal safeguards that prohibit Internet censorship, the August
2008 conflict between Russia and Georgia witnessed unprecedented censorship of
Russian Web sites by Georgian ISPs. According to Georgian sources interviewed by the
ONI, Georgian ISPs filtered access to Russian media Web sites in the ‘‘.ru’’ domain to
prevent the dissemination of what was described as ‘‘inaccurate and inflammatory
reports by the Russian media.’’ 21 Whether these actions were legal under Georgia law
has not been adequately determined. From a factual perspective, President Saakashvili
declared a state-of-emergency based on Article 46 of the Constitution during the onset
of the conflict. As required by Georgian law, his decision was approved by Parliament
within 48 hours. Consequently, media rights and freedom of expression were temporarily restricted in line with Article 46(2) of the Georgian Constitution. The law does
not explicitly cover the Internet, however, at least two Georgian ISPs implemented
limited filtering aimed at ‘‘protecting the population’’ during the state-of-emergency.
ONI testing confirmed this filtering had occurred. One of the two ISPs, the GRENA,
178
Georgia
plans to expand the market of broadband communications service to ensure competition in local access networks, in order to decrease bandwidth rates and to promote
VoIP technologies.
Any activity in the telecommunication sector in Georgia requires proper authorization. 16 In order to obtain an authorization, 17 the operator must register with the Commission and provide the required company information and type of services it intends
to offer. Receiving authorization is not a burdensome process, with 25 ISPs receiving
authorization to operate in 2007 alone. 18 To ensure compliance with active legislation,
the Commission exerts direct control over the activities of operators in the electronic
communications sector. 19
According to Article 24 of Georgia’s Constitution, any person has the right to receive
and disseminate information in writing or any other form. Media restrictions and censorship are prohibited. The rights provided for in Article 24 may be restricted by law
only to the extent needed to ensure the state’s security and territorial integrity, prevent
crimes, protect the rights and dignity of individuals, prevent the dissemination of
information that has been considered confidential, or ensure the independence and
impartiality of justice. Furthermore, the principle of freedom to disseminate information is also enshrined in Article 13 of the Criminal Code of Georgia.
The Law on Freedom of Speech and Expression of 2004 20 elaborates on the content
of freedom of expression originally enshrined in the Constitution. This law also details
the narrow circumstances under which freedom of speech and expression may be
restricted.
Internet Filtering during the 2008 Russia-Georgia War
Despite the existence of legal safeguards that prohibit Internet censorship, the August
2008 conflict between Russia and Georgia witnessed unprecedented censorship of
Russian Web sites by Georgian ISPs. According to Georgian sources interviewed by the
ONI, Georgian ISPs filtered access to Russian media Web sites in the ‘‘.ru’’ domain to
prevent the dissemination of what was described as ‘‘inaccurate and inflammatory
reports by the Russian media.’’ 21 Whether these actions were legal under Georgia law
has not been adequately determined. From a factual perspective, President Saakashvili
declared a state-of-emergency based on Article 46 of the Constitution during the onset
of the conflict. As required by Georgian law, his decision was approved by Parliament
within 48 hours. Consequently, media rights and freedom of expression were temporarily restricted in line with Article 46(2) of the Georgian Constitution. The law does
not explicitly cover the Internet, however, at least two Georgian ISPs implemented
limited filtering aimed at ‘‘protecting the population’’ during the state-of-emergency.
ONI testing confirmed this filtering had occurred. One of the two ISPs, the GRENA,
178
Georgia