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.