Introduction

Art, as a main sphere of culture, is a society’s creative, social, economic, and cultural capital, as well as a strategic resource for state growth. An artist is someone who, through intellectual and creative work, develops ideas and creates cultural value. Artistic creativity is one of the most powerful and well acknowledged characteristics of humans. Contemporary art is built on the concept of free human creative expression and contributes to the development of a democratic society. Artists spark critical dialogue, give voice to the voiceless, and raise social problems.

According to the UN Special Rapporteur in the field of cultural rights, artists, much like journalists and human rights defenders, are at particular risk because their work depends on visibly engaging people in the public domain. In her assessment, cultural rights defenders are human rights defenders who aim to eliminate violations of cultural rights and promote the respect, protection, and fulfillment of these rights. According to the International Committee on Censorship and Expression (AICA International), artists should be viewed not just as “artists”, but as “human rights defenders” through their work and creative involvement. Independent artists, theater companies, and cultural institutions often stand on the front lines in defense of human rights. A striking example is the Belarus Free Theatre, an international theatre company operating underground in Belarus and led by artistic directors in exile in the United Kingdom of Great Britain and Northern Ireland who were forced to flee. The company uses the power of art to inspire people to take action to defend human rights and bring about systemic change.

In Georgia’s case, since 2024, artists and cultural figures in general have found themselves at the epicenter of protests. For instance, in response to the forceful dispersal of peaceful demonstrators by the Georgian Dream party and the adoption of a repressive law that introduces censorship in theater, they moved from the stage to the streets. According to Data Tavadze, director of the Royal District Theatre, actors who were detained and targeted with violence by law enforcement chose a place where “truth rings true”.

About the Study

The goal of this study is to produce a legislative assessment report on instances of repression and censorship in the cultural sphere during the specified period. The report will review Georgia’s national and international obligations regarding freedom of creative expression. It will examine the government’s measures in the cultural sector, its personnel policies, the impact of legislative changes on freedom of expression, and finally, analyze the legal and social status of those working in the arts.

The research employed a qualitative research methodology to identify the impact and consequences of the state’s repressive policies on the cultural sector and its representatives in 2024-2025 The research included semi-structured, in-depth interviews with eight representatives from various artistic professions who experienced inhumane treatment and torture while exercising their rights to express their opinions or assemble. These individuals included a painter, photographer, writer, art historian, and actor. Among the interviewees were women and representatives of the LGBTQ+ community.

The research also involved a desk review of Georgian legislation pertaining to the cultural sphere. The research studied a document from the professional union operating in the cultural sector and the legal and social status of those working in the arts was assessed. Key sources for the research included reports from local and international human rights organisations, reports from the UN Special Rapporteur on cultural rights, and a review of the Council of Europe documents on freedom of artistic expression and the European Court of Human Rights’ case law. Additionally, online media outlets such as Radio Free Europe and Netgazeti were used as sources.

Guarantees of Freedom of Expression at National and International Levels

The cultural sphere in Georgia is regulated by the Constitution of Georgia, international treaties and agreements, the special law “On Culture,” and other legislative and subordinate normative acts of Georgia.

The Constitution of Georgia both establishes freedom of expression and ensures freedom of creation. The Georgian law “On Culture” obliges the state to comprehensively promote the development of culture, citizens’ unrestricted participation in cultural life, the deepening and expansion of international cultural relations, and creative integration. According to this law, the principles of cultural activity include freedom and independence of creative activity, protection against monopolisation in the cultural sphere, accessibility to cultural and creative activity, and unrestricted access to publicity. According to the ECHR Artistic and creative expression is a part of the freedom of expression and artists must be protected against censorship and any form of pressure or intimidation. Any limitation should be in line with its case law. Article 10 of the Convention protects the right to artistic freedom.

Although artistic freedom is not specifically referred to, with Article 10 of the Convention guaranteeing the right to freedom of expression as a whole, the ECHR case law does recognise artistic freedom, noting that “artists’ works offer the opportunity to take part in the exchange of cultural, political and social information and ideas of all kinds, which is essential for a democratic society”. The most explicit provisions protecting the freedom of artistic expression and creativity are to be found in article 15 (3) of ICESCR, under which States “undertake to respect the freedom indispensable for creative activity” and in article 19(2) of ICCPR, which states that the right to freedom of expression includes the freedom to seek, receive and impart information and ideas of all kinds “in the form of art”.

According to the International Covenant on Economic, Social and Cultural Rights (ICESCR), the right to artistic freedom implies the right to peaceful assembly, freedom of association, including the right of artists and creators to form and join trade unions. The exercise of these rights must occur without any discrimination. According to the Covenant, states should take necessary measures for the protection, development, and dissemination of culture. The Government of
Georgia is allowed to impose restrictions, but only in cases defined by law, provided that these are consistent with the nature of these rights and are aimed at promoting the general welfare in a democratic society. Such restrictions must satisfy the principles of necessity and proportionality. Protection of freedom of artistic expression lies within the Guiding Principles of the UNESCO 1980Recommendation Concerning the Status of the Artist, which recommends member states protect and defend artists in their freedom to create, and that they be given the full protection of their rights as provided under human rights law.

The underlying principle of the 1980 United Nations Educational, Scientific and Cultural Organizational (UNESCO) Recommendation Concerning the Status of the Artist is that Governments should help to create and sustain a climate encouraging freedom of artistic expression and the material conditions facilitating the release of creative talents. The recommendation addresses issues such as freedom of expression, support to artistic creation, artistic education and training, social and labour rights, and intellectual property rights. It stresses that artists shall benefit from the rights and protection provided for in international and national legislation relating to human rights, in particular in the area of freedom of expression and communication (articles III-6 and V 2). In Georgia, during 2024-2025, the state’s repressive policies significantly impacted the activities of cultural institutions, the daily lives of artists, and the artistic expression of their work. The high level of civic engagement within the arts community in Georgia created a space for protest.
Thirty-four years after the collapse of the Soviet Union, the repression and censorship of art and artists have been reactivated.

Repressive Legislative Changes and Their Impact on the Cultural Sphere

Since 2024, a number of laws have been adopted in Georgia that contradict the Constitution of Georgia and the regional and international human rights obligations undertaken by the country. The political and civil crisis was triggered by the Prime Minister’s statement on November 28, 2024, announcing the suspension of Georgia’s EU accession process until the end of 2028, contrary to pre-election promises.

The package of amendments initiated by the Parliament of Georgia regarding “Assemblies and Demonstrations” contradicts national and international standards on freedom of expression. Restrictions such as the requirement for immediate notification for spontaneous gatherings, a general ban on gatherings in enclosed spaces or buildings without prior written consent from the owner. The prohibition of erecting temporary structures, or a general ban on covering one’s face with masks along with disproportionately large fines, should be considered a gross violation of the freedom of peaceful assembly and can directly impact forms of creative expression.

Additional Restrictions and Their Implications

The legislation concerning assemblies and manifestations also added an obligation to warn the administrative body within a reasonable timeframe for spontaneous gatherings/manifestations. This new requirement contradicts a decision made by the Constitutional Court of Georgia. Furthermore, a blanket ban on wearing any mask during a peaceful assembly constitutes a disproportionate restriction on the freedom of assembly. Under international law, wearing a mask at a gathering can be a form of expression and communication, and as such, it is protected by the freedoms of speech and assembly. The proposed amendments to the Code unjustifiably restrict protest and political expression concerning individuals holding political office. Specifically, they criminalise verbal abuse directed at Georgian state political officials and/or public servants while performing their duties or in connection with their official activities.
This provision contradicts the constitutional norms of freedom of expression and the case law of the ECHR. This is because freedom of expression protects not only ideas that are acceptable to others, but also expressions that may be offensive or shocking. The law “On the Protection of Family Values and Minors” is also concerning. It leads to unjustified restrictions on fundamental human rights, including freedom of expression and assembly, by imposing censorship on activist, creative, and scientific activities. It prohibits “LGBT propaganda” in educational institutions, broadcasters’ editorial offices, and in the placement of creative works. This refers to “intimate relationships or incest expressed on the grounds of sexual orientation between individuals of the same biological sex.” According to the ECHR, artistic and creative expression is an integral part of freedom of expression. Artists must be safeguarded from censorship and all forms of pressure or intimidation. Any limitations on this freedom must adhere to the provisions of the ECHR and its case law.

Gross Human Rights violations

On November 28th, a multi-thousand-person protest began in Tbilisi. Law enforcement agencies of the Ministry of Internal Affairs unjustifiably dispersed a peaceful demonstration using disproportionate force. According to human rights non-governmental organisations, there was no legal basis for dispersing the rally. The Georgian Young Lawyers’ Association (GYLA) assessed the government’s dispersal of protests from November 28th to December 7th as a “criminal operation.”

Within the framework of these “police punitive measures,” GYLA acknowledged, inhuman and degrading treatment of a broad group of demonstrators, violations of the rules for using special means in ways dangerous to life and health (such as water cannons, tear gas, and pepper spray), attacks by informal criminal groups, illegal search and seizure operations in apartments and offices and unlawful administrative detentions, which affected 500 individuals. According to the Public Defender’s assessment, the alleged ill-treatment, including torture and inhuman and degrading treatment, towards participants in the demonstrations was systemic and in some cases, widespread.

Within the scope of the research, interviews were conducted with professionals from the following fields: a photographer, director, writer, artist and an art critic. These individuals became victims of unlawful detention, search, inhuman treatment, and torture during the protests in Tbilisi in November/December. The majority of those we interviewed were intentionally targeted in these attacks.

Targeted Harassment of Professionals During Protests

Interviewees reported that special forces representatives either photographed them or specifically sought them out visually to isolate them from other demonstrators. The majority of those interviewed stated that they experienced harsher treatment from law enforcement officers after their professions were revealed.

For instance, G.G. had his camera torn away after he told his assailants he was a photographer during a beating. Z.R. , who was continuously beaten and subjected to physical and verbal abuse during transportation, was insulted with remarks like “bookworm” and told that the main thing was “to remain Georgian”.

GYLA noted that detainees were brutally beaten in the face, back of the head, and head area inside the vans. N.D. became a victim of such brutal treatment, apprehended on November 29th even though he had complied with the Ministry of Internal Affairs’ demands. Before being taken into the van, he was led beyond the special cordon, and his jacket and other belongings were confiscated. The shouts directed at him included remarks suggesting he was either a supporter of the National Movement or had been bought with money. N.A. was photographed at various stages of his brutal and inhuman treatment.

Family members and lawyers had no information for hours regarding the detainees’ whereabouts, condition, or procedural legal status. For instance, G.M., who was assigned two lawyers, was deceptively turned away when they arrived at the police station. N.Sh.’s detention was broadcast live, but his family was only informed of his whereabouts six hours later. In Z.R.’s case, he was only able to contact his family after several hours. The practice of enforced disappearance, even for a few hours, is frequently used both in political contexts and to disperse demonstrations. This practice could potentially amount to the qualification of enforced disappearance. This occurs when private individuals acting with the authority, “support, or acquiescence of the state” secretly abduct, detain, or otherwise deprive persons of their liberty by purposefully concealing their condition or whereabouts, thereby placing them outside the protection of the law.

Detainees report being subjected to aggressive treatmet during their transfer to the police station. Some of them report about ill treatmet and torture. E.g. N. A. Sh. was threatened with rape. G.M., who had tattoos, was questioned by police officers about his tattoos. During his interrogation, he was asked the same question repeatedly, and approximately 100 to 200 law enforcement officers entered the room at various intervals. He was also forced to stand for five hours. Z.R. had to endure a 15-hour transport from Tbilisi in tightly placed handcuffs, in search of an available
isolation cell, being taken as far as Senaki (Imereti region). It is noteworthy that at this time, Z.R. had sustained significant physical injuries as a result of his detention, and before administrative imprisonment, he was released with a signed undertaking for treatment at a private clinic. The Code of Administrative Offenses has been used for years as a repressive tool against demonstrators. Court proceedings were conducted with a disregard for fair trial principles.
Judges either completely ignored or partially disregarded evidence proving the unreliability of testimonies from false witness police officers.

The detention period was extended to 48 hours based on unsubstantiated justifications. Z.R.’s detention lasted for 36 hours without proper justification. In the case of G.M. and Z.R., the detention was extended to 48 hours. All interviewees reported inadequate medical assistance, even during outpatient services. Detained individuals, victims of ill treatmet or torture indicated insufficient medical care in hospitals and the presence of inaccurate medical reports.
For instance, N.A. was only diagnosed with a mild concussion, and other parts of his body were not examined despite visible bruises. After being discharged from the hospital, he had to undergo further examinations at another hospital at his own expense. The same occurred with G.G. , who, after being transferred to the hospital, was denied painkillers for about an hour. Furthermore, after receiving an inadequate diagnosis, he had to seek treatment elsewhere, where he underwent two surgeries.

An illegal search was conducted at N.V.’s home, who is a group administrator, “Daitove”, a portal that shares news about protests and arrests. During the search, officers confiscated N.V.’s laptop, which was their source of income, and their grandfather’s camera, which held significant sentimental value. N.V. was also forced to strip naked and perform squats for a personal search at the officers’ demand.

The European Committee for the Prevention of Torture notes that during a full search in a penitentiary institution, a person should not be required to expose various parts of their body simultaneously, and this is permissible only with an individual risk assessment. The forced and humiliating form of N.V.’s undressing was likely aimed at inducing submission, punishment, or a sense of shame, which directly contradicts the inherent right to human dignity.

It is worth noting the involvement of an informal criminal group against the protest. Z.R., whom we interviewed, became a victim of a violent attack after being detained. According to GYLA’s (Georgian Young Lawyers’ Association) assessment, the use of this criminal practice suggests that state institutions were acting in alliance with informal criminal groups.

Regarding the interviewed individuals, only a few cases resulted in an investigation being launched by the Special Investigation Service. Of these, only one person was granted victim status. The investigation is not being conducted under articles related to torture, threat of torture, or inhumane and degrading treatment. Instead, it’s being pursued under articles concerning the violent abuse of official authority, which does not adequately reflect the intensity and severity of the widespread ill-treatment.

Cases of censorship

Authoritarian regimes often view art not merely as creative expression, but as a powerful instrument for ideological control and propaganda. For them, censorship in the arts is therefore one of the primary mechanisms for maintaining power and controlling the public narrative. According to Amnesty International, it’s difficult to find an analogy for the Georgian government’s adoption of repressive laws on such a scale and within such a short timeframe in any other country. The “chilling effect” of these laws contributes to self-censorship, censorship, and the restriction of artistic expression.

Artistic and creative expression is an integral part of freedom of expression. Artists should be protected from all forms of censorship, pressure, or intimidation. Any limitations must comply with the European Convention on Human Rights and the case law of the European Court of Human Rights. The ECtHR notes that a “chilling effect” of prohibitive laws occurs when “an individual resorts to self-censorship out of fear of inadequate sanctions or on the basis of unjustifiably
broad legislation, in order to avoid criminal prosecution. Such a “chilling effect” is detrimental to the entire society”.

In March 2025, an exhibition titled “My Mother’s,” organised by the Musa-Um of Resistance, was closed on its opening day.42 The exhibition aimed to raise awareness about verbal aggression in the Georgian lexicon, which is often followed by physical aggression. The audio and video installation included an obscene remark by President Kavelashvili during a parliamentary debate and excerpts from interviews with Bidzina Ivanishvili, the honorary chairman of the Georgian Dream party. After visiting the exhibition, the director of the new platform asked the responsible parties to stop the exhibition. According to a statement later released by the director of the platform’s space, the exhibition was presented as “provocative” and had “political” undertones. The statement also noted that the exhibition was canceled at the request of “contractors.” Artistic and creative expression is part of freedom of expression, and artists must be protected from any form of censorship, pressure, or intimidation. Any restrictions must comply with the European Convention on Human Rights and the case law of the European Court of Human Rights (ECtHR). The court notes that a “chilling effect” of prohibitive laws occurs when “an individual resorts to self-censorship out of fear of inadequate sanctions or on the basis of unjustifiably broad legislation, in order to avoid criminal prosecution. Such a “chilling effect” is detrimental to the entire society”. It’s worth noting a second case. On November 16, 2024, Gori Art House—a free space created by Gori volunteers—held an exhibition/installation that featured Georgian protest posters and slogans from various periods, including the phrase “A city destroyed by war does not apologise”. At the request of Gori City Hall, both the exhibition and Gori Art House were shut down”.

Theatre

Another instance of attack due to dissenting views targeted the Royal District Theatre, which resumed performances in 2025. Director Data Tavadze’s play “Liberté” explores themes of freedom and the search for identity. The play incorporates “loud exclamations”, “bold language”, and specifically “actions inappropriate for biological sex”. The performance is restricted to viewers aged 18 and over, and recording it with a phone is prohibited.

Despite these restrictions, excerpts from the play were broadcast by the pro-government TV channel “Imedi”, ostensibly to illustrate that “Liberté” offends a segment of society. The Georgian Patriarchate denounced the play as a “blasphemous performance” and “sacrilege”. Gathered outside the theater, protestors demanded the director remove the play. This incident could have been interpreted solely as religious censorship, were it not for the fact that the play’s director openly opposes the current repressive policies of the ruling government. Consequently, a double layer of censorship emerges: both religious and state-governed, impacting creative freedom. Additionally, according to the recommendation of the Special Rapporteur (SR) states should ensure the participation of representatives from independent artists’ associations in decision making related to the arts. They are also obligated to refrain from nominating or appointing cultural administrators or directors of cultural institutions based on their political, religious, or corporate affiliations. According to the SR, policies aimed at increasing art’s appeal to a broad audience should be encouraged. However, this should not mean excluding controversial works simply because an unprepared audience might encounter them. It’s crucial to improve art education, which can be considered a strong and effective alternative to censorship.

Persecution of an Artist

One artist we interviewed, who chose to remain anonymous, is the creator of numerous political performances. They regularly participated in the 2024 protests and were forced to emigrate in January 2025 with financial assistance from the Human Rights House.

According to the artist, they were under surveillance by state security and threatened with job loss and arrest. They are currently seeking refugee status in a European country, unable to work or leave, and their artistic activities are severely restricted.

It’s important to recognize that visual art plays a crucial role in raising human rights awareness and advocating for change. Its impact stems from its unique ability to convey complex ideas, evoke emotional responses, and transcend linguistic and cultural barriers. Andro became a target of political and physical persecution due to their artistic profile. With its undertaken obligations, Georgia is bound to protect both controversial artistic expressions and the right to expression for artists who contribute to the fight against intolerance.

Furthermore, according to the UN Special Rapporteur, it is essential to grant asylum to individuals whose artistic or cultural works, including socially active creations, have led to persecution, and to facilitate the continuation of their creative activities in exile.

Conclusion

Georgia saw its height of government turmoil and power consolidation in 2024. There was an intentional weakening of self-governing institutions. The existing administration viewed art as particularly harmful because of its direct and collective nature. The Ministry of Culture was entirely subservient to the one-man administration, which also persecuted and harassed “rebellious” cultural representatives and artists. Repressive rule spread from the Ministry of Culture to the executive branch, causing the current political and social crises.

The laws “Assemblies and Manifestations” and “On Family Values and Protection of Minors” were amended in 2024-2025, limiting artistic expression and censoring creative and scientific endeavors. The law’s prohibitions contradict the criteria of proportionality and necessity established in national and international law. Georgia’s laws violate free speech, peaceful assembly, and creative expression; It refuses European Court of Human Rights case law, which protects not only acceptable perceives but even offensive and alarming expression. Numerous incidents of artist repression and art censorship demonstrate the unavoidable “reverberating effect” of legislation.

As of November-December 2024, multiple incidences of violence against artists by law enforcement agencies and their affiliated unlawful groups had been identified. Artists who have been victims of violence have endured long-term consequences, and others may be permanently unable to fully express their creative abilities due to the physical and material harm they have sustained. The Ministry of Culture has not responded to reports of torture and abuses of the rights of cultural representatives.

Furthermore, the Ministry of Culture looks to be a punitive institution that targets professionals for political reasons. Many cases of censorship of the arts by state and religious rulers have been documented, including the closing of exhibitions and gallery spaces, as well as the criticism of theatrical performances.

Georgia’s 2024-2025 processes, which include the adoption of repressive legislation, the use of terror by law enforcement officers against peaceful demonstrators, the restriction of creative freedom in the field of culture, and the conduct of illegal punitive operations against artists, have placed it in the same category as dictatorial regime states such as Russia and Belarus. Georgia has gone even further, setting up a repressive regime in a short period of time.

Georgia today functions under a centralised totalitarian governance in which free expression and creative activities are criminalised. Creative freedom is essential to the survival and development of a democratic state.