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Vakho Sanaia, a journalist for the TV Company “Formula”, was sentenced to 30 days of administrative detention by Judge Tornike Kochkiani at the Tbilisi City Court because of the posts published on social media. He was subsequently arrested by police near his home. The Ministry of Internal Affairs accused the journalist of violating Article 173¹⁶ of the Code of Administrative Offences, which concerns insulting a political official.

It is worth to note that, it has been third occasion this year, when the MIA started administrative prosecution against journalist Vakho Sanaia for his critical posts published on social media. Before, for the same ground, the journalist was sentenced to 14-day administrative detention and was fined 6 000 GEL. 

Human Rights Center believes the systemic persecution against journalist Vakho Sanaia, his fine and detention for the posts made on social made, violates freedom of speech and expression guaranteed by the Constitution of Georgia and the Article 10 of the European Convention on Human Rights. 

In a democratic society, freedom of expression is a fundamental cornerstone, particularly when it concerns a media representative. According to the established case law of the European Court of Human Rights, politicians and public officials are required to tolerate a significantly higher degree of criticism than ordinary citizens. Criticism of political officials, even when expressed in harsh or provocative language, must not be used as grounds for restricting a journalist’s freedom.

The actions of the Ministry of Internal Affairs and the court, as well as the repressive application of Article 173¹⁶ of the Code of Administrative Offences, have a clear chilling effect. Such practices are intended not only to silence an individual journalist, but also to intimidate society, impose censorship, and severely restrict the expression of critical opinions in the country.

In the light of above, Human Rights Center calls on:

The Tbilisi Appellate Court:

•    To act in accordance with the Constitution of Georgia and the case law of the European Court of Human Rights, overturn the unsubstantiated and disproportionate decision of the Tbilisi City Court to impose 30 days of administrative detention on Vakho Sanaia and immediately release the journalist.
•    In reviewing the case, prioritize the protection of freedom of expression and ensure that free speech is not restricted on the grounds of alleged “insults” against politicians.

The Ministry of Internal Affairs:

•    To cease control of freedom of expression of citizens and journalists on social media and anti-democratic practice of initiating administration prosecutions against individuals because of their critical posts. 

The Parliament of Georgia:

•    To revoke the repressive Article 17316 added to the Administrative Offences Code, which envisages punishment of individuals because of verbal expressions directed at political officeholders in order to prevent the use of the law as an instrument of political censorship. 

Human Rights Center