Freedom of speech and expression is a fundamental value of a democratic society, which is especially protected by Georgian legislation. Consequently, unlawfully restricting a person's freedom of speech or interfering with journalistic activities constitutes a criminal offense. Such accusations are often linked to public officials, businesspeople, or security personnel accused of obstructing the dissemination of information, imposing censorship, or creating obstacles for media representatives in carrying out their professional duties. Defense in such cases requires deep knowledge not only of criminal law but also of human rights law and media law to distinguish lawful actions from criminal conduct.
What does defense service cover for free speech restriction charges?
Lawyers specializing in this category of cases ensure the protection of the accused's rights and an objective assessment of the factual circumstances of the case. The service includes:
- Legal analysis of the action: Determining whether the accused's action contained signs of a crime or whether it was an exercise of a lawful right (for example, protecting private property or preventing the disclosure of commercial secrets).
- Gathering and examining evidence: Studying video recordings, audio material, and witness testimonies to prove that no violence or coercion was exercised against the journalist or citizen.
- Argumentation proving lack of intent: Criminal liability requires the existence of direct intent. The lawyer works to prove that the conflict was of a domestic nature and not a targeted attack on freedom of speech.
- Representation in investigative bodies and court: Protecting the client's interests during interrogations and court proceedings to prevent political or public pressure from influencing the verdict.
Common Real-World Scenarios
In practice, charges of restricting freedom of speech or interfering with journalistic activities can arise in various contexts:
- Conflict with journalists: A security guard at a private facility forcibly ejects a journalist from the premises, which the prosecution assesses as interference with professional activities.
- Public events: A physical confrontation occurring during a rally or demonstration, where one party claims they were denied the right to express their opinion.
- Blocking information: The head of a public agency refuses to release public information or give an interview, which in some cases can be interpreted as obstructing the dissemination of information (although this is often an administrative dispute, it is sometimes considered in a criminal context).
- Damage to camera equipment: An incident where a citizen damages a camera crew's equipment, leading to charges of property damage and interference with journalistic activities.
Georgian Legislation
The main regulator in this field is the Criminal Code of Georgia. Specifically, Article 153 (Infringement of freedom of speech) and Article 154 (Unlawful interference with the professional activities of a journalist). Article 154 is particularly strict and provides liability for forcing a journalist to disseminate or refrain from disseminating information, committed with the threat of violence or abuse of official position. Also, the defense relies on the Constitution of Georgia and the Law on "Freedom of Speech and Expression", which establishes a high standard of freedom of expression and defines where the line lies between legitimate restriction and illegal action.
Process and Stages
The defense process involves several stages:
- Consultation and Strategy: The lawyer reviews the case materials, assesses the severity of the charges, and plans the defense tactics.
- Preliminary Investigation: The lawyer participates in witness interrogations, requests expertise, and gathers alternative evidence.
- Plea Agreement: In certain cases, it may be advisable to enter into a plea agreement, especially if the crime is less serious.
- Court Hearing: The lawyer presents arguments before the court to prove the defendant's innocence or achieve a minimum sentence.
Why choose Legal.ge?
Crimes directed against freedom of speech and journalistic activities are often high-profile and characterized by high public interest. Legal.ge offers access to experienced lawyers who have practice working on similar cases and know how to handle both legal and public pressure. On our platform, you will find professionals who will protect your rights qualifiedly and confidentially. Find your defender on Legal.ge.
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