Georgian PM says ECHR confirms limits to expression to prevent hatred

Georgian Prime Minister Irakli Kobakhidze on Friday welcomed a recent ruling by the European Court of Human Rights, saying the Court had confirmed that restricting certain forms of expression could be justified when necessary to prevent hatred and aggression in a democratic society.

Kobakhidze was referring to a ruling by the European Court of Human Rights, which examined a judgment by the Ljubljana District Court in Slovenia.

“It is an absolutely sound decision. The principle is simple, hatred and aggression must not be allowed to gain ground in any society. This is precisely the approach on which the European Court of Human Rights' ruling is based, and it is also the approach reflected in our legislation, which we adopted recently”, he said.

“As you know, hatred and aggression are being imposed on us from outside, although they are alien to Georgian society. Accordingly, we must do everything possible to counter these externally imposed trends. That is the purpose of our legislation, and it is also why a dedicated department was established within the Ministry of Internal Affairs. Work in this direction must continue as actively as possible”, Kobakhidze noted.

The Slovenian court had found the applicant guilty of two counts of insult and one count of defamation, sentencing them to six months in prison. The European Court of Human Rights held that the restriction on the applicant's freedom of expression had been “necessary in a democratic society”, finding that the nature and severity of the sanction were relevant factors in assessing the proportionality of the interference.