Georgian Deputy Justice Minister hails landmark ECHR ruling on online insults and freedom of expression

Beka Dzamashvili, the deputy minister of justice of Georgia, on Tuesday said that a recent European Court of Human Rights ruling sets a key precedent - online insults and degrading behavior can now be treated the same as misconduct in physical public spaces.

In an interview with Imedi TV, Dzamashvili noted that the Miladze v. Georgia case clarified that certain forms of online abuse fall outside the protection of freedom of expression.

“This will truly be a precedent-setting case, not just for Georgia, but for all European states. It establishes a standard that when someone insults, humiliates, or directs aggression toward another person online, that expression is legally equivalent to conduct in the physical world. Consequently, if such behavior is classified as petty hooliganism and penalized under our Administrative Offences Code, similar conduct in the virtual space will be punishable as well”, he said.

He further highlighted that the case was precedent-setting because the Court accepted the ministry of justice’s argument that online insults should be treated the same as those delivered in physical public spaces.

“This is a landmark precedent because the interpretation was made specifically in relation to Georgia. However, this standard now applies to all European states. One of the applicant’s core arguments was that freedom of expression should be interpreted so broadly that even offensive or degrading language - especially when directed at a public servant or political official - ought to be tolerated and protected under the European Convention”, Dzamashvili noted.

“The applicant also argued that what constitutes petty hooliganism under the Administrative Offences Code should not apply to the internet or cyberspace, but should instead be restricted to conduct in physical public spaces. On this point, the European Court provided a definitive interpretation”, he continued.

Dzamashvili emphasised that the decision relied on the well-established practice of Georgian domestic courts and will now serve as a standard for all Council of Europe member states.

“This will indeed set a precedent not only for Georgia, but for all other European states, establishing the standard that when a person insults, humiliates, or directs aggression toward another online, that expression is legally equivalent to conduct in the physical world. Therefore, if our legislation treats such behavior as petty hooliganism punishable under the Administrative Offences Code, similar conduct in the virtual space will be equally punishable”, he stressed.

He added that Georgian court practice was instrumental to the case, with the European Court agreeing that the online sphere can pose “no fewer - and perhaps even greater - dangers” than physical public spaces.

“When the ministry of justice handled this case, we relied, among other things, on the well-established jurisprudence of our domestic courts. The national courts substantiated the matter exceptionally well, explaining why the same restrictions should apply. In this regard, the European Court fully agreed that such forms of expression in virtual and internet spaces can present no fewer - and possibly even greater - dangers, and therefore the state holds a legitimate right to regulate and strictly restrict them”, Dzamashvili concluded.

The European Court of Human Rights has upheld the position of Georgia’s Ministry of Justice in the case Miladze v. Georgia, confirming that publicly expressed insulting, degrading, and obscene statements directed at public officials fall outside the scope of protection guaranteed by freedom of expression, the Georgian justice ministry said in a statement.

According to the ministry, the case concerned a video posted on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used vulgar and offensive language toward the Mayor of Tbilisi, city hall employees, and police officers. For this conduct, Georgian courts imposed the minimum fine envisaged by law - 500 GEL.