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Saturday, 05 November, 2022
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Minister of Justice Discusses Prospects of Implementing Joint Projects with the Dean of the Law Faculty of the University of Vienna

During the meeting with Dean of the University of Vienna, Brigitta Zöchling-Jud, the Minister of Justice talked about future joint programs and research projects with the University of Vienna. Future cooperation between the Training Center of Justice and the University of Vienna will create a good opportunity for joint projects. In addition, employees of the Ministry of Justice will participate in the programs of the University of Vienna.

Rati Bregadze, speaking with Professor Brigitta Zöchling-Jud, noted that it is very interesting for the Georgian side to share the experience of the academic circle of the Faculty of Law of the University of Vienna. In his conversation with the Dean, the Minister noted that the memorandum signed between the Ministries of Justice of Georgia and Austria covers many areas of cooperation.

At the meeting, they also talked about the legal magazine Iustitia founded in 2021 by the Ministry of Justice of Georgia. Rati Bregadze also provided detailed information to Dr. Brigitta Zöchling-Jud about the scientific council at the Ministry of Justice, which was established on August 1, 2022 and was staffed by prominent experts in various fields of law.

The parties expressed hope for close, bilateral cooperation and implementation of joint projects with academic circles.

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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.