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Friday, 18 November, 2022
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Minister of Justice of Georgia Meets European Colleagues within the Framework of the Luxembourg Global Forum

Minister of Justice of Georgia, Rati Bregadze is participating in the ongoing global forum in Luxembourg. The forum is organized by the joint initiative of the OECD and the Government of Luxembourg and is dedicated to the discussion of such topics as: the modern geopolitical environment, the importance of strengthening democracy and citizens' trust in state institutions, climate change, the global crisis due to Covid-19, digital transformation and citizens' social and economic rights.

Within the framework of the visit, the Minister of Justice met with the Minister of Digitization of the Netherlands. Rati Bregadze, speaking with Alexandra Van Huffelen, noted that the development of public services and strengthening of digital governance is a priority of the Georgian government. The Minister of Justice expressed his readiness, on the one hand, to share the successful Georgian model with his partners, and on the other hand, to introduce the best European practices in Georgia.

Deputy Minister of Justice, Beka Dzamashvili also attended the meeting.

Before the end of the global forum, Rati Bregadze will hold meetings with other colleagues on issues of digitization of state services.

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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.