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Tuesday, 01 March, 2022
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Rati Bregadze: "Our Formula is Unconditional Support of Friends and at the Same Time Protecting the National Interests of Georgia"

"We have said what our formula is - it is the unconditional and unwavering support of friends on absolutely all platforms and at the same time protection of the national interests of Georgia, and decision of any responsible government should be protection of interests of its people," - said Minister of Justice, Rati Bregadze on Imedi TV.

According to the Minister, the responsible government is obliged to assess all the risks properly and not to allow any violence on the territory of their own country.

"Let's look at the situation as follows - Russian military bases are currently on the territory of Georgia, about 20% of the country's territories are occupied by the Russian Federation. Also, up to one million Georgians are living in the Russian Federation and, naturally, the fate of them and their families who are in Georgia should also be taken into account. We also have our citizens on the territory of Ukraine and, naturally, we have to take into account the very difficult security environment that has unfortunately developed around Georgia during this period, as well as the economic consequences of the co-epidemic, which we have begun to overcome gradually. Of course, in this situation, any responsible government is obliged to assess all the risks properly and not to allow any violence on the territory of its own country. We went through this period - finally, you remember, it was a very tragic war in 2008 and also, 30 years after gaining independence, Georgia is in a period of chronic bloodshed, war, and as it turned out, we more or less overcame this period and after 2012 it became possible to maintain peace in Georgia. This, of course, is primarily in the interests of the population and, naturally, it is our unconditional obligation to weigh all these factors and make any decision for the benefit of our citizens and with the unconditional and strong support of our friends," - 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.