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Wednesday, 06 July, 2022
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Minister of Justice, Rati Bregadze Holds a Meeting with President of the European Court of Human Rights, Robert Spano at the Ministry of Justice

The Minister of Justice and the President of the European Court of Human Rights spoke about the perspective of the development of cooperation between Georgia and European structures. The meeting emphasized the special role of the Strasbourg Court in the development of human rights-oriented European democracy.

Mr. Spano supported the initiative of the Ministry of Justice, the implementation of which will give Georgian lawyers an additional practical opportunity to deepen their knowledge of the European Convention on Human Rights and the practice of the ECHR, which will be another step forward on the path to European integration. The parties have planned future projects in this direction, which will be implemented as a result of the cooperation between the Ministry of Justice and the European Court of Human Rights (ECHR).

The meeting participants emphasized the positive trend of a sharp decrease in the ongoing disputes against Georgia in the Strasbourg Court. To date, only 130 individual complaints against Georgia are considered in the European Court of Human Rights, which represents a historical minimum for Georgia. The Minister of Justice thanked the President for the contribution of the ECHR to the protection of human rights in Georgia.

On behalf of the European Court of Human Rights, Head of the Secretariat of the 5th Section of the ECHR, Victor Soloveichik and Georgian judge of the European Court, Lado Chanturia also attended the meeting.

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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.