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Tuesday, 27 September, 2022
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Minister of Justice Meets with Members of the Eastern Europe and Central Asia Working Group of the European Union

The Minister of Justice spoke about Georgia's European perspective at the meeting with the members of the Eastern Europe and Central Asia Working Group of the European Union.

Rati Bregadze thanked the guests for supporting the reforms implemented in Georgia and the country's western aspiration, which was manifested by the successful completion of the association process and economic integration with the EU countries.

Rati Bregadze spoke to the members of the delegation about the priority directions of the Ministry of Justice of Georgia. The conversation touched on the 12 recommendations that Georgia must fulfill in order to receive the status of a candidate country. According to Rati Bregadze, for this purpose, thematic working groups have been created in the Parliament of Georgia, with which the Ministry of Justice, within its competence, actively cooperates.

The Minister expressed his firm belief that Georgia will continue to have the support of the European Union on the way to European integration, and in the near future the country will be able to receive the status of a candidate country for EU membership.

Deputy Minister of Justice, Beka Dzamashvili 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.