The restrictions set by the Law to the rights to freedom of expression, freedom of association and privacy are incompatible with the strict test set out in Articles of the ECHR and the ICCPR as they do not meet the requirements of legality, legitimacy, necessity in a democratic society and proportionality, as well as with the principle of non-discrimination set out in Article 14 of the ECHR, - reads the report of the Venice Commission on the draft law "On transparency of foreign influence".

The Venice Commission regrets at the outset that the Law was adopted in a procedure which left no space for genuine discussion and meaningful consultation.

According to the Commission, this manner of proceeding does not meet the European requirements of democratic law-making.

“The Venice Commission regrets at the outset that this Law, which is human-rights sensitive but is also highly controversial in Georgian society, as is demonstrated by the massive reactions in the country, was adopted in a procedure which left no space for genuine discussion and meaningful consultation, in open disregard for the concerns of large parts of the Georgian people. This is all the more unfortunate as the reactions to a similar draft law in 2023 had shown the polarization regarding its adoption and there was thus an obvious and demonstrable need to carry out meaningful consultations with the stakeholders affected by the Law, notably civil society organisations, online media outlets and broadcasters. This manner of proceeding does not meet the European requirements of democratic law-making.

The Venice Commission has analysed the compatibility of the Law with the applicable international and European standards, based on principles developed in its numerous previous opinions on a similar matter. It concludes that the restrictions set by the Law to the rights to freedom of expression, freedom of association and privacy are incompatible with the strict test set out in Articles 8(2), 10(2), and 11(2) of the ECHR and Article 17(2), 19(2) and 22(2) of the ICCPR as they do not meet the requirements of legality, legitimacy, necessity in a democratic society and proportionality, as well as with the principle of non-discrimination set out in Article 14 of the ECHR”, reads the report.