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Statement of Human Rights Center Regarding the Mass Restriction of Freedom of Expression on Social Media
12.06.2025
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On June 11, 2025, civil activists, TV-anchors, journalists and opposition politicians almost simultaneously were summoned to the Tbilisi City Court on June 12, 2025 , in connection with ongoing administrative offense cases against them. The cases are related with the critical statements (so-called posts) of the mentioned individuals about the Georgian Dream MPs and government officials on social media.
On February 6, 2025, Article 173¹³ was added to the Code of Administrative Offenses of Georgia, which classifies as an administrative offense the verbal insult, abuse, offensive confrontation, and/or other offensive actions against a political officeholder, public servant, a person equated with a public servant, and/or civil servant during the performance of their official duties or in connection with the performance of such duties or their professional activity. The sanctions envisaged for this offense include a fine ranging from 1,500 to 4,000 GEL or administrative detention for up to 45 days. In the case of a repeated offense, the penalty increases to a fine ranging from 2,500 to 6,000 GEL or administrative detention for a period of 5 to 60 days.
Article 17 of the Constitution of Georgia protects freedom of expression. It is inadmissible to persecute a person for his/her views. Everybody has right to freely use internet. Freedom of expression is guaranted by the Law of Georgia on Freedom of Speech and Expression.
In accordance with the Article 10 Paragraph I of the European Convention on Human Rights, everybody has right to freedom of expression. This right protects not only „information“ or „ideas“ that are favorable, or perceived as harmless or indifferent, but also those that are offensive, shocking, or disturbing to the state or to any segment of the population.
The sanctions provided under the relevant article of the Administrative Offenses Code are unjust and disproportionate to the actions classified as offenses. A fine ranging from 1,500 to 4,000 GEL or administrative detention up to 45 days is criminal in character; therefore, its application to individuals accused of an administrative offense violates the principle of proportionality.
Human Rights Center believes the context of the Article 17313 of the Administrative Offences Code of Georgia, as well as the nature and extent of the sanctions prescribed for the offense, the almost simultaneous summoning civil activists, TV anchors, journalists, and opposition politicians over their sharp criticisms of the Georgian Dream officials on social media, and the initiation of administrative offense proceedings against them, contradict the freedom of speech and expression guaranteed by the Constitution of Georgia and the European Convention on Human Rights. This has a 'chilling effect' and represents an attempt to intimidate not only those being prosecuted but also the general society in Georgia for criticizing high-ranking officials of Georgian Dream.
It is noteworthy that to date, no administrative charges have been brought against any Georgian Dream official, supporter, or law enforcement officer affiliated with the ruling political party for making obscene remarks, direct insults, or threats in public spaces or on social media. In this context, the initiation of administrative proceedings against civil activists, TV anchors, journalists, and opposition politicians clearly confirms that the amendments made to the Administrative Offenses Code serve to punish and suppress undesirable and unacceptable opinions.
Human Rights Center calls on the judiciary authorities to review and decide the cases pending under Article 173¹³ of the Administrative Offenses Code in accordance with the Constitution of Georgia, the European Convention on Human Rights, and the case law of the European Court of Human Rights, with full respect for and unwavering protection of the right to a fair trial and the freedom of speech and expression.
Human Rights Center
On February 6, 2025, Article 173¹³ was added to the Code of Administrative Offenses of Georgia, which classifies as an administrative offense the verbal insult, abuse, offensive confrontation, and/or other offensive actions against a political officeholder, public servant, a person equated with a public servant, and/or civil servant during the performance of their official duties or in connection with the performance of such duties or their professional activity. The sanctions envisaged for this offense include a fine ranging from 1,500 to 4,000 GEL or administrative detention for up to 45 days. In the case of a repeated offense, the penalty increases to a fine ranging from 2,500 to 6,000 GEL or administrative detention for a period of 5 to 60 days.
Article 17 of the Constitution of Georgia protects freedom of expression. It is inadmissible to persecute a person for his/her views. Everybody has right to freely use internet. Freedom of expression is guaranted by the Law of Georgia on Freedom of Speech and Expression.
In accordance with the Article 10 Paragraph I of the European Convention on Human Rights, everybody has right to freedom of expression. This right protects not only „information“ or „ideas“ that are favorable, or perceived as harmless or indifferent, but also those that are offensive, shocking, or disturbing to the state or to any segment of the population.
The sanctions provided under the relevant article of the Administrative Offenses Code are unjust and disproportionate to the actions classified as offenses. A fine ranging from 1,500 to 4,000 GEL or administrative detention up to 45 days is criminal in character; therefore, its application to individuals accused of an administrative offense violates the principle of proportionality.
Human Rights Center believes the context of the Article 17313 of the Administrative Offences Code of Georgia, as well as the nature and extent of the sanctions prescribed for the offense, the almost simultaneous summoning civil activists, TV anchors, journalists, and opposition politicians over their sharp criticisms of the Georgian Dream officials on social media, and the initiation of administrative offense proceedings against them, contradict the freedom of speech and expression guaranteed by the Constitution of Georgia and the European Convention on Human Rights. This has a 'chilling effect' and represents an attempt to intimidate not only those being prosecuted but also the general society in Georgia for criticizing high-ranking officials of Georgian Dream.
It is noteworthy that to date, no administrative charges have been brought against any Georgian Dream official, supporter, or law enforcement officer affiliated with the ruling political party for making obscene remarks, direct insults, or threats in public spaces or on social media. In this context, the initiation of administrative proceedings against civil activists, TV anchors, journalists, and opposition politicians clearly confirms that the amendments made to the Administrative Offenses Code serve to punish and suppress undesirable and unacceptable opinions.
Human Rights Center calls on the judiciary authorities to review and decide the cases pending under Article 173¹³ of the Administrative Offenses Code in accordance with the Constitution of Georgia, the European Convention on Human Rights, and the case law of the European Court of Human Rights, with full respect for and unwavering protection of the right to a fair trial and the freedom of speech and expression.
Human Rights Center
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