In a critical opinion issued on Tuesday, the Council of Europe’s Venice Commission has strongly advised the repeal of Georgia's Law on Transparency of Foreign Influence in its current form. The Commission warned that the law posed “severe threats” to freedoms of association and expression, privacy rights, participation in public affairs, and the principle of non-discrimination.

The urgent opinion followed an evaluation requested by the Council of Europe’s Parliamentary Assembly. The Venice Commission expressed disappointment that the Georgian parliament passed the bill in its final reading without awaiting their assessment, despite calls for delay from the President of the Parliamentary Assembly and the Secretary General of the Council of Europe.

The analysis highlighted the bill’s misalignment with international and European standards, particularly those enshrined in the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The Commission determined that the bill failed to meet the stringent criteria of legality, legitimacy, necessity in a democratic society, and proportionality, and it violates the principle of non-discrimination.

The Commission criticized the bill for its potential to stigmatize, silence, and ultimately eliminate associations and media outlets that receive any foreign funding. It warned that the bill could disproportionately impact organizations critical of the government, thereby undermining public debate, pluralism, and democracy.

The Venice Commission specifically recommended that Georgian authorities discard the law's special registration, reporting, and public disclosure requirements for civil society organizations and media receiving foreign support, which include administrative sanctions. It noted that existing Georgian legislation already mandated registration and reporting, including on funding sources, and questioned the necessity of additional regulations for ensuring transparency.

Should current laws be deemed insufficient, the Commission advised considering amendments to existing legislation to align with European and international standards. It suggested that genuine representation activities on behalf of foreign entities could be regulated according to these standards if necessary.

The Commission also criticized the legislative process for the law, noting that it was adopted without adequate public discussion or meaningful consultation, disregarding widespread concerns within Georgian society. This approach, the Commission concluded, did not comply with European democratic law-making standards.