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Monday, 22 August, 2022
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Ministry of Justice and Academy of Sciences Conclude Memorandum of Cooperation

The cooperation document envisions a new platform for cooperation between the Ministry of Justice and the Academy of Sciences. The parties will develop and implement joint scientific-research, educational and legal projects, organize conferences, symposiums, seminars, round tables and public discussions; Scientific works will be published in the magazine Matsne of the National Academy of Sciences and the magazine Iustitia of the Ministry of Justice.

The memorandum was signed by Minister of Justice. Rati Bregadze and President of the National Academy of Sciences, Giorgi Kvesitadze.

The deepening of cooperation with the Academy of Sciences is another step to promote the law-making process based on scientific conclusions and analytics, which is a priority direction of the strategy of the Ministry of Justice for 2022-2024.

For this purpose, the Ministry of Justice has already implemented a number of activities:

- A bilingual legal magazine Iustitia was founded, two issues of which are already available;

- A scientific-advisory council was created at the Ministry of Justice and staffed with prominent experts in various fields, which will develop draft laws, concepts, conclusions and opinions to be submitted to the Minister of Justice;

- Bilateral cooperation documents were also signed with authorized higher education institutions in 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.