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Tuesday, 01 March, 2022
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Rati Bregadze: "It Is Possible that in Certain Cases Assessments May not Sound Pleasant, but We Will Continue the Series of Positive Actions that the Georgian government Is Taking Along with the Georgian People Towards Ukraine."

As Minister of Justice, Rati Bregadze said on Imedi TV, the Georgian government, along with the Georgian people, supports the Ukrainian people and this support will continue in the future. Rati Bregadze noted that for many people living in Georgia, Ukraine is associated with many positive emotions.

"I deliberately spoke about the support that Georgia has shown to Ukraine. It is not only the support of the government; it is also the support of the people. Georgian and Ukrainian people have very good relations with each other. Naturally, when we talk about Ukraine, for me, personally, and for many people living in Georgia, it is associated with many positive emotions. We have our personal friends there and a lot of close people, whose fate we are sharing and taking to heart," said Rati Bregadze.

The Minister of Justice also spoke about the statement made by the President of Ukraine to the Georgian authorities today. According to Rati Bregadze, when Ukraine is at war, when there is a strong disinformation campaign in both Ukraine and Georgia, there is no time to evaluate this statement. The Minister also suggested that the reason for making this statement might be the ongoing disinformation campaign in Ukraine and Georgia.

"In some cases, some assessments may not sound pleasant, but I will remain in the same position that when people are in trouble, when there is a war on their territory ... when, by the way, there is a strong disinformation campaign, which, unfortunately, has been unleashed in Georgia as well, this whole prehistory may have some negative impact on the preparation of these statements. However, as I said, at this stage, I will refrain from this conversation and, on the contrary, we will continue the series of positive actions that the Georgian government is taking along with the Georgian people towards Ukraine,” said Rati Bregadze.

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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.