Freedom of speech and expression is one of the most significant achievements of a democratic society. Georgia has one of the most liberal legislations in the region in this regard, protecting freedom of opinion, speech, and information. However, freedom is not absolute; it ends where the rights of others, such as dignity, reputation, or privacy, are violated. This is where legal disputes arise: Where is the line between criticism and defamation? What counts as an insult versus a protected opinion? Specialists featured on Legal.ge help you maintain this delicate balance.
Free speech law covers both the protection of journalists and media outlets from censorship and the protection of private individuals from defamation. In the digital age, legal regulation of opinions expressed on social media is particularly relevant. Frequently, public figures or employers attempt to restrict critical opinion through lawsuits. The involvement of a qualified lawyer is essential to prove your case, whether it is protecting the right to expression or restoring a damaged reputation.
What does the Free Speech service cover?
- Defamation Disputes: Defense against accusations of defamation or filing a lawsuit demanding retraction of statements damaging honor and dignity.
- Protection of Journalists' Rights: Legal assistance for journalists hindered in their professional activities or asked to reveal sources.
- Freedom of Information: Requesting public information from state agencies and appealing refusals in court.
- Internet Law: Legal assessment and disputes regarding information, comments, and blogs disseminated on social networks.
- Fighting Censorship: Legal response to attempts to close media outlets, block websites, or restrict broadcasting.
- Public Speaking and Protest: Protecting freedom of expression during demonstrations and rallies.
Common scenarios requiring this service
A common scenario is a journalist publishing an exposé on a public official, followed by a lawsuit for defamation and damages. The journalist needs defense to prove that the disseminated information was a fact or a protected opinion. Another scenario is a private company employee criticizing their employer on social media, leading to dismissal. A third case involves an activist banned from unfolding a banner in front of the Parliament. In all these cases, legal argumentation relies on the high standard of freedom of expression.
Georgian Legal Framework
In Georgia, freedom of speech is protected by the Constitution of Georgia and the Law on Freedom of Speech and Expression. This law sets a unique standard: the burden of proof always lies with the plaintiff (the one suing for defamation), and not only facts but also "opinions" are protected, which cannot be defamatory. Additionally, a system of "absolute privileges" applies to certain types of statements. Proceedings are also based on the Civil Code (honor, dignity, business reputation) and the General Administrative Code of Georgia (freedom of information).
Step-by-step service process
In a defamation dispute, the lawyer first analyzes the disputed statement: is it a factual assertion (which can be verified) or an opinion/evaluation (which is protected). If it concerns a fact, evidence gathering regarding its accuracy begins. The court process is adversarial. For public information disputes, the process starts with an administrative complaint and continues in court with a demand to mandate the release of information.
Why choose a specialist on Legal.ge?
Free speech cases require knowledge not only of the law but also of linguistic nuances and Strasbourg Court practice. On Legal.ge, you will find media law experts who will help you protect your right to speak freely or defend your reputation from unsubstantiated attacks.
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