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Tuesday, 02 August, 2022
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Ministry of Justice Publishes the Second Issue of Iustitia

In the 2nd issue of the magazine, the reader can get acquainted with the works of Georgian and foreign researchers on such actual challenges of modern legal science as: the relationship between the church and the state, definition of the concept of terrorism; Legal definition of cyber-attack; jury and mediation institutions in the Georgian legal space; Alternative dispute resolution in competition law.

For those interested in the history of law, the publication of the famous scholar Wilhelm Sauer's work ("Justice") continues, which is being published in Georgian for the first time. It is also possible to get acquainted with the Polish Constitution of 1791.

In the 2nd issue of the publication, the reader will also meet the interviews of Minister of Justice of Armenia, Karen Andreasian, and Prosecutor General of Georgia, Irakli Shotadze; The biography of the famous Georgian scientist, legal expert, Otar Gamkrelidze.

The Georgian-English magazine of the Ministry of Justice "IUSTITIA" was founded in June last year on the initiative of the Minister of Justice. It is a quarterly, refereed and peer-reviewed publication. Its purpose is to promote the development of separate fields of law and the deepening of academic discussion on legal issues.

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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.