ECtHR Finds No Violation of Freedom of Expression in Georgian Activist’s Viral TikTok Case

The European Court of Human Rights (ECtHR) found no violation of freedom of expression in the case of Georgian activist Irakli Miladze, who was fined in 2023 over a viral TikTok video in which he used obscene language toward public officials.

In a May 19 judgment, the ECtHR concluded that Georgia, as the respondent state, had provided “relevant and sufficient” reasons for interfering with the applicant’s freedom of expression and that the interference was therefore “necessary in a democratic society.” The court accordingly held unanimously that there had been no violation of Article 10 (freedom of expression) of the European Convention on Human Rights.

The Georgian Young Lawyers Association (GYLA), a local human rights group that represented Miladze’s interests, said the European court, with its decision, “clearly defines the guiding standard that in no way allows the Ministry of Internal Affairs to pursue a coordinated practice of persecuting free expression.”

ECtHR Judgement

In its judgment, the ECtHR had regard to, among other factors, “the particularly aggressive nature of the vulgar language used” by the applicant, “the extensive dissemination of the video in question on a social media platform aimed at young people,” “the thoroughness of the balancing exercise conducted by the domestic courts,” and “the limited severity of the sanction imposed.”

The ECtHR also observed that the applicant was fined GEL 500 (EUR 180), “the minimum amount” for the offense. “No criminal proceedings were instituted…he did not receive a custodial sentence…and the authorities did not seek the removal of the video, a restriction of his social media account or any form of broader censorship,” the court said, adding that the imposed sanction “did not prevent the applicant from continuing his political activism.” It said that “such a limited severity of the sanction is indeed an important factor in the proportionality assessment.”

The Case

Irakli Miladze was convicted in March 2023 by the Tbilisi City Court on two offenses under the Code of Administrative Offenses – Article 166 (disorderly conduct) and Article 173 (disobeying or insulting a law enforcement officer). He was fined GEL 2,000 (approximately EUR 720).

The conviction concerned his December 2022 TikTok video, which went viral, in which he used obscene language directed at Tbilisi Mayor Kakha Kaladze and, more broadly, at staff members of Tbilisi City Hall and Interior Ministry officials. In the video, he criticized urban transport policies and what he viewed as the arbitrary exemption of certain law enforcement officers from compliance with traffic regulations.

During the court proceedings, police argued that TikTok should be considered a public place and that the applicant’s obscene language removed his speech from protection under freedom of expression, making it punishable, while Miladze said his video included a disclaimer and that his criticism of public policy and law enforcement remained protected speech, regardless of the language used.

According to the ECtHR, the Tbilisi court “concluded that by using ‘obscene language directed at the mayor of Tbilisi, city hall staff and law-enforcement authorities,’ the applicant had exceeded ‘the scope of protection afforded to freedom of speech.’ It held that his conduct had therefore ‘disturbed public peace and order’ and constituted a punishable offence” under Article 166.

Miladze later appealed the ruling. In a final decision on May 11, 2023, the Tbilisi Court of Appeal partly upheld the appeal, reducing the fine from GEL 2,000 to GEL 500 and dismissing the charge under Article 173 as unsubstantiated.

GYLA Statement

Reacting to the ECtHR judgment, GYLA said that “unlike in 2023, the current situation is characterized by a severe human rights crisis, in which freedom of expression is a primary target of repression.”

The watchdog stressed that the legislative framework for freedom of expression “has significantly deteriorated” in 2025, saying, “At a certain point in 2025, proceedings for administrative offenses against individuals on the grounds of insult had become routine for the Interior Ministry.” It added, “Individuals were subjected not only to high fines but also to detention. For six administrative offenses, penalties were set at fines ranging from GEL 1,500 to GEL 4,000 or up to 45 days in detention, while repeat offenses carried fines from GEL 2,500 to GEL 6,000 or detention from five to 60 days.”

According to GYLA, the ECtHR judgment yet sets out that, in cases concerning freedom of expression, sanctions “must not be severe or disproportionate,” proceedings “must not carry a real risk of detention,” and authorities must not restrict expression “through dissemination measures,” among other factors.

The watchdog also stressed that the ECtHR judgment was delivered a day after Georgian Dream announced plans to establish a special unit within the Interior Ministry that would be tasked with “systematically monitoring” what was described as “hate speech, offensive campaigns, and aggressive communication in public spaces.”

“The creation of such a police mechanism poses a direct threat to freedom of expression and raises risks of political censorship and total control,” GYLA said.

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