On November 14, 2022, IDFI published a study titled 'Blocked Websites in Georgia: Legal and Practical Analysis,' which examined the legal framework for website blocking in Georgia, including its regulatory normative bases and the nuances of its practical enforcement. As part of the research, the indicators of website blocking in Georgia from 2017 to September 2022 were evaluated. The study revealed that during this period, the National Communications Commission of Georgia issued 65 requests to Internet providers to restrict access to 480 websites.
IDFI's analysis also revealed that the statutory regulations for blocking internet pages contain several loopholes, which, in turn, have significant potential for the abuse of basic human rights, including freedom of expression. In the absence of proper regulation and transparency in the Commission's activities, the practice of blocking internet pages could negatively impact freedom of expression and internet freedom in Georgia. Based on IDFI's research, Freedom House highlighted in its 2023 Internet Freedom Report that Georgia lacks “clear procedures for blocking websites”. Additionally, “neither the ComCom, ISPs, nor state bodies proactively publish statistical data on website blocking."
Given these circumstances, IDFI renewed its interest in the statistics and trends of website access restrictions, as well as any changes regarding the transparency of this process. To prepare the updated analysis, IDFI utilized documents requested and received from the Communications Commission, which included letters sent to internet service providers between October 1, 2022, and May 16, 2024, requesting the restriction of access to certain websites. The analysis includes major trends identified based on this information.
During the research period, the Commission sent a total of 74 requests to internet service providers, asking for the blocking of 800 websites.
In most cases, the Commission monitors websites based on requests from interested individuals and state bodies. However, in some instances, the Commission also initiates investigations on its own. For example, during the reporting period, 13 of the 74 requests were the result of independent investigations initiated by the Commission. However, it should be noted that in none of these cases was the Commission the original initiator of the request. The practice shows that the Commission only prepares such requests when there is a prior request from an interested party; however, these requests do not typically address the internet pages identified by the Commission through additional checks. Therefore, the practice of the Communications Commission has not changed compared to the previous period and continues to follow the same procedure.
Below, you can find the statistical data on the initiators of the internet webpage requests:
Resolution №3 of March 17, 2006, of the Commission "the Regulations in Respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications" (“The Resolution”) defines preconditions that could become a basis for blocking or restricting some information on the internet. Such information and service falls under the term “inadmissible production”:
- Pornographic production
- Copyright-infringing products
- Other products transmitted in violation of Georgian legislation.
During the reporting period, the Commission did not exceed its legal grounds for blocking. Although one of the grounds for blocking—“other information transmitted in violation of the law”—is somewhat vague and open to broad interpretation, the period did not show a tendency to significantly expand this legal basis. The Commission did not introduce an additional content filter beyond what was identified in previous research. The only new finding was related to fraud.
The statistics for the reasons or legal grounds for blocking websites, based on the 74 requests from the Communications Commission, are as follows:
2.2.1. Copyright-infringing products (23 requests)
Similar to the previous study, copyright infringement was the most common reason for restricting access to internet pages during the reporting period. Specifically, the Commission requested the blocking of 292 websites across 23 appeals.
Based on this, the practice of blocking internet pages has remained largely unchanged compared to the previous period. The Communications Commission is typically approached by copyright holders requesting the restriction of access to websites that infringe on their legitimate interests. Otherwise, the initiator of the process is always the individual whose legal interests are violated by the internet content. In some cases, the Commission conducts additional research to identify pages not mentioned in the original request, although this violates the interests of the copyright holder.
In most cases, the initiators of blocking are private legal entities—business companies that own copyright or related rights[1]. In only one instance, the author of the appeal was a public law entity: the Public Broadcaster of Georgia. This request involved blocking a website that used the Public Broadcaster's logo, trademark, and visuals from the news program "Moambe" (including the presenter’s photo and program design) and disseminated information in the name of the Public Broadcaster.
"Copyright-infringing products" includes items that violate both copyright and trademark laws.
2.2.2. Other products transmitted in violation of Georgian legislation (32 requests)
Out of 32 cases of information transmitted in violation of Georgian legislation, the distribution by specific grounds is as follows:
Prostitution[2] and promotion of prostitution[3] (27 requests)
On this basis, the Communications Commission's requests concerned the restriction of access to a total of 220 websites.
In the majority of cases, the Commission responded to letters of consumers and individuals and, in its addresses to internet service providers, specified that prostitution is an offense defined by the Administrative Offences Code.
In six cases, the Commission responded to the letters of the unit of the Ministry of Internal Affairs combating trafficking and illegal migration, where the unit, in the framework of criminal investigation on the facilitation of prostitution case, revealed 69 websites and requested them to be blocked.
Provision of gambling services without proper permission, violating the Law of Georgia “On Organizing Lotteries, Games of Chance and Other Prize Games” and the Law of Georgia on “Licenses and Permits” (1 request)
In order to block websites based on this ground the Commission was only once addressed by LEPL Revenue Service. In the letter of the Revenue Service, it is mentioned that listed websites do not have relevant permission issued by the Revenue Service, which grossly violates the Georgian legislation and reduces budget revenues. Via these websites, Georgian citizens can register, take part in gambling, place money on account and cash out.
Illegal interference in computer system[4] (1 request)
Based on this basis, the Special Cybercrime Unit of the Ministry of Internal Affairs (MIA) of Georgia, requested the Commission to restrict access to 4 websites.
The letter from the MIA indicated that, as part of an ongoing criminal investigation, websites were identified that were used in an attempt to access the computer system using the identification mark "Spar."
Breach of personal data[5] (2 requests)
Based on this ground, the Commission was addressed by LEPL Digital Governance Agency. In one case, the issue involved phishing for users' personal data. In the second case, it concerned links and IP addresses containing malicious files spread through so-called "botnets." Based on this, the Digital Governance Agency requested the blocking of 11 pages.
Fraud[6] (1 request)
The request to block the website was preceded by information from the Ministry of Internal Affairs of Georgia. According to the ongoing investigation under Article 180 (fraud) of the Criminal Code, a website was identified as a fraudulent investment platform. An unidentified individual or group used this platform to unlawfully obtain funds from Georgian citizens. Based on this, one website was requested to be blocked.
Compared to the previous study period, which covered from 2017 to September 26, 2022, the number of websites requested for blocking has nearly doubled in less than two years (from October 1, 2022, to May 16, 2024). Most of the blocked websites continue to be related to copyright issues. Additionally, there has been a significant increase in the number of blocked websites related to pornography. The share of websites related to prostitution within other legal violations remains substantial and has increased nearly 16 times compared to the previous period.
It is crucial to implement appropriate transparency mechanisms for website blocking requests. To achieve this, a public register should be established where the details of website access restrictions, including the period, basis, and initiator, can be viewed and verified.
[1] For example, LLC “Cavea Plus” requested the blocking of Georgian websites that distributed audiovisual content without proper authorization. Similarly, CARFAX Europe GmbH also initiated blocking requests.
[2] Article 172 of the Administrative Offences Code of Georgia.
[3] Article 254 of the Criminal Code of Georgia.
[4] Article 286 of the Criminal Code of Georgia.
[5] Article 157 of the Criminal Code of Georgia.
[6] Article 180 of the Criminal Code of Georgia.
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