According to the OSCE Moscow Mechanism report, the Georgian government was recommended to repeal the laws “On Transparency of Foreign Influence” and “On Family Values”.

“The Law on Family Values should be repealed. This concerns, particularly but not exclusively, equation of same-sex relationships and transgender identity with incest, prohibition of ‘popularization’ of these notions, including through gatherings, a ban on gender-affirming care and change of sex markers in identity documents and civil acts”, - reads the report.

The Law on Transparency of Foreign Influence (TFI), the Foreign Agents Registration Act (FARA), and the provisions concerning foreign grants in the Law on Grants should be repealed. Given the breadth of their incompatibility with Georgia’s international obligations, the Rapporteur does not consider them capable of being brought to compliance with those obligations by way of targeted amendments.

In the event that Georgia does not decide to repeal these laws, they should be, at the minimum, amended in accordance with the recommendations of the Venice Commission.

This means, in particular, striking out the obligation to reveal sensitive information about beneficiaries and cooperators of entities subject to the mentioned legislation; lowering the penalties for violations of the mentioned laws; significant limitations on the obligation to register as ‘agents of foreign principals’ by taking into account whether an entity indeed acts at foreign directions or not. The language throughout these laws should, furthermore, be much more precise. Similarly, the recent amendments to the Law on Broadcasting concerning foreign financing and restrictions on content of broadcasting (Article 54) should be repealed.

The Law on Family Values should be repealed. This concerns, particularly but not exclusively, equation of same-sex relationships and transgender identity with incest, prohibition of ‘popularization’ of these notions, including through gatherings, a ban on gender-affirming care and change of sex markers in identity documents and civil acts.

The premises of the crime of high treason should be narrowed and made more specific so as to preclude interpretation that allows prosecuting mere critique of the government by entities falling within the scope of TFI or FARA.

Regulations which introduced an absolute ban on covering of faces during demonstrations should be repealed. Other regulations disproportionately limiting the right to assembly (such as automatic detention and disproportionately high fines) should be repealed or revised in order to ensure a proper balance between this right and considerations of public order. In the course of reforming higher education, the autonomy of academic institutions should be respected.