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EU Delegation on Broadcasting Law: The concept of “obscenity” is not part of the Directive

by Georgia Today
October 27, 2023
in Highlights, Social & Society
Reading Time: 2 mins read
EU Delegation on Broadcasting Law: The concept of “obscenity” is not part of the Directive

epa09260529 Lithuanian President Gitanas Nauseda speaks to media near the border between the Georgian breakaway region of South Ossetia and Georgia in the village of Khurvaleti, some 60 kms from Tbilisi, Georgia, 10 June 2021. Gitanas Nauseda is in official visit to Georgia. EPA-EFE/ZURAB KURTSIKIDZE

The European Commission will continue a very close monitoring of the application of the Law on Broadcasting and will be ready to provide guidance to Georgia – the concept of “obscenity” is not part of the Directive and there is no need to regulate this under the Directive, – the EU Delegation to Georgia stated in response to a question about the Law on Broadcasting.

The Delegation says it is definitely important to ensure that dialogue is held with the stakeholders on the above issue.

“Usually, the EU directives do not dictate the exact manner in which they must be followed, instead, the EU Member States have a level of freedom in deciding how to transpose directives into national laws. In case of Georgia – especially now that it is on the enlargement path – it needs to align with certain provisions and principles.

Regulation of protection of minors and hate speech are essential elements of the Audiovisual Media Services Directive (AVMSD) which Georgia needs to align with, especially now that it is on the enlargement path. Also, to continue participation in the Creative Europe Programme, Georgia needs to align with the specific provisions of the Directive.

Following consultations with the European Commission, the amendments adopted by the Georgian Parliament address this issue, namely by introducing the possibility to appeal decisions on the protection of minors and hate speech.

We have heard concerns expressed by many reputable actors from the civil society and media, questioning the independence of the Georgian regulator. Throughout the consultations with the Georgian side, the European Commission has always stressed the need to work further on the effective independence of the regulator. We understand that Georgia has committed to continue such work.

The European Commission will continue a very close monitoring of the application of the Law on Broadcasting and will be ready to provide guidance to Georgia.

When it comes to the concept of “obscenity,” it is not part of the Directive and there is no need to regulate this under the Directive. On this issue, it is definitely important to ensure that dialogue is held with the stakeholders on its application”, the EU Delegation said.

Related Story: Parliamentary majority initiates amendments to the broadcasting law

Tags: Law on Broadcasting
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