Comparative Analysis of the European Media Freedom Act and Georgia’s Media Legislation

Abstract

Between 2021 and 2026, the media landscape in Georgia has significantly deteriorated (Media Voice, 2025; RSF, 2025). Against the backdrop of an increasingly kleptocratic regime, legislative initiatives targeting the media began as early as 2017, followed by changes and the instrumentalization of repressive laws against critical media (Gersamia & Sajaia, 2024). Improving Georgia’s information ecosystem is largely dependent on European integration, which represents a declared aspiration of the Georgian people (Article 78 of the Constitution). On this path, it is essential to harmonize legislation, including media laws with European standards. However, due to the policies pursued by the ruling party, this alignment has come into question. Both the media laws themselves and the manner in which they are implemented have increasingly diverged from European standards. The aim of this analysis is to clearly outline the requirements and standards set by the European Union’s regulatory framework; specifically, the European Media Freedom Act (EMFA) and to compare them with the existing legislation and practices in Georgia. Beyond legal norms, it is equally important to consider how Georgian media laws function in practice. The document includes specific recommendations on how Georgian media legislation can be brought into alignment with European standards, in preparation for a period when rapid implementation of reforms will become feasible on the path toward European integration. The research questions are as follows: RQ1: How does the Georgian media legal framework compare with the requirements of the European Media Freedom Act across key areas such as editorial independence, media pluralism, regulatory autonomy, public service broadcasting, journalists’ protection, and platform regulation? RQ2: In what ways do the implementation and enforcement of Georgian media laws depart from European standards in practice? RQ3: What legislative and institutional reforms are necessary to bring Georgia’s media environment into closer alignment with EMFA standards and broader EU integration requirements? This study employs a desk research–based comparative doctrinal legal methodology. It is grounded in the systematic review and analysis of primary legal and policy documents, alongside secondary sources such as institutional reports, court decisions, etc. The central method is a comparative legal analysis that examines the extent to which Georgian media law and regulatory practice align with EMFA standards across key thematic areas, including editorial independence, media ownership and pluralism, regulatory independence, public service broadcasting, journalists’ protection, and the regulation of major online platforms. In addition to assessing the formal legal framework, the study also evaluates how these rules operate in practice, allowing for a practice-oriented assessment of implementation gaps, institutional weaknesses, and divergences from European standards. On this basis, the research adopts both analytical and policy-oriented dimensions, identifying areas of non-compliance and formulating recommendations for legislative and institutional reform. In the process of European integration, the protection of media freedom and pluralism is one of the key priorities the European Union emphasizes in its relations with candidate countries. Harmonizing media legislation with European standards and specifically, the requirements of the EMFA is not merely a formal obligation or procedural step. Analysis shows that the main precondition for implementing reforms is political will and the strengthening of democratic institutions. The comparative analysis demonstrates that the gap between the standards of the European Media Freedom Act (EMFA) and the current Georgian media framework is not limited to isolated legislative inconsistencies, but reflects a broader structural divergence in both law and practice. The study shows that the problem is not only regulatory deficiency, but also the concentration of discretionary power in institutions that lack sufficient independence and accountability. A central finding of the study is that the deterioration of media freedom in Georgia appears systemic. From a broader perspective, the study concludes that media freedom is directly linked to Georgia’s democratic development and European integration trajectory.