“Georgian Dream” party is beginning to establish total control over the social sphere. On 18 May, Mamuka Mdinaradze, recently appointed by the “Georgian Dream” government as State Minister for the Coordination of Law Enforcement Bodies, announced the creation of a new “systemic monitoring” department within the Ministry of Internal Affairs, whose mandate will be to control communication in the public sphere. The new department will be tasked with monitoring posts, photographs, videos and emojis shared on social media, and responding to them on the grounds of so-called “hate speech, insulting campaigns and aggressive communication”.

The concepts used to legalise total control such as “hate speech”, “insulting campaign” and “aggressive communication” are legally vague and leave broad scope for subjective interpretation. According to the case law of the European Court of Human Rights, precisely such vague norms create conditions for “indirect restrictions on freedom of expression”. This ambiguity grants state bodies the ability to interpret and apply these provisions arbitrarily, constituting a serious violation of the principle of legal certainty.

Granting the Ministry of Internal Affairs the power to monitor online communication serves the intimidation agenda and creates a chilling effect, aimed at encouraging citizens to self-censor and refrain from expressing critical opinions.

Article 173(16) of the Criminal Code of Georgia, on notion of which this department will legally rely, was initially introduced as a tool for exerting legal pressure on citizens under the pretext of “insulting public officials”, which is clearly contrary to the case law of the European Court of Human Rights. Under international standards and the jurisprudence of the European Court of Human Rights, public figures are expected to demonstrate a higher degree of tolerance towards criticism. The establishment of this department, which will monitor social media under the pretext of protecting “dignity”, effectively abolishes this principle and turns politicians into a protected and privileged caste.

This initiative constitutes a modern form of censorship aimed at suppressing public debate and restricting freedom of expression. Combating hate speech must not come at the expense of criminalising free expression.