TBILISI, DFWatch – Georgia’s Constitutional Court made a decision in favor of canceling the requirement of a license for cable broadcasting. But a license is still needed for satellite broadcasting.
The court partly satisfied an appeal by the Public Defender, who considers that broadcasters most effectively realize the right of receiving and releasing information, which is protected by freedom of speech.
He thinks that to achieve this goal, restricts a person’s right of releasing opinion and information guaranteed by the Constitution.
The court explained that to intervene in rights and freedom is only permitted if such intervention is unavoidable to achieve legitimate goals defined by the Constitution.
The ombudsman considers that generally it’s acceptable to regulate broadcasting activity conducted through cable network or satellite. The Court shared this opinion, giving as example that it is possible to establish obligations to present certain information to Georgian National Communications Commission after starting broadcasting activity. This will also be effective, and less restricting constitutional rights of all who decides to broadcast via cable network.
In case of satellite broadcasting, the Court says that currently it is a subject for international regulation and thus it can be related to the government’s international obligations.