Georgian Parliament official: ECHR recognises limits on freedom of expression in cases involving insults

The European Court of Human Rights has ruled that Article 10 of the European Convention on Human Rights, which protects freedom of speech and expression, may be restricted in order to safeguard the rights of others, said on Thursday Archil Gorduladze, the Chair of the Georgian Parliament’s Committee on Legal Affairs.

According to Gorduladze, the court takes into account the factual circumstances of each case, the severity of the insult, and whether the conduct is repeated or continues over time.

“Considering all these factors together, the court has even found criminal liability to be justified in certain cases. The provisions in our legislation that establish penalties for insults - including administrative sanctions in certain cases and criminal liability in specific circumstances, such as insulting a judge in a courtroom or during judicial proceedings - are fully consistent with the practice of the Strasbourg Court and are entirely compatible with the Convention,” Gorduladze said.

The statement follows an ECHR ruling that found no violation of freedom of expression in a Slovenian case involving a six-month prison sentence imposed for online insults and defamation.