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Sunday, 26 February, 2023
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Justice Ministry Holds Another Lecture on Legal Security Issues

The Ministry of Justice continues the lecturing cycle - “Protection of Georgia's Sovereignty in Legal Ways", which began on May 26, on the Independence Day of Georgia on May 26 and has been held in many cities.

This time the public lecture was held within the framework of the "Winter School of Security". Head of State Representation Department in the International Courts of the Ministry of Justice, Nino Nikolaishvili spoke to the audience about the historical consequences of the August 2008 war and ongoing disputes.

It was noted at the meeting that after the Ministry of Justice fully defended Georgia's sovereignty and defeated the Russian Federation in Strasbourg and Hague courts, active work will be carried out to effectively enforce international courts’ decisions.

At the end of the lecture, Nino Nikolaishvili answered the questions of the attendees.

The Security School is supported by the British Government. Its partners are the Training Center of Justice of Georgia and the Ministry of Education and Science of Georgia.

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.