The Politics of Provocation: The ECtHR’s Ruling in Miladze v Georgia

The recent judgment Miladze v Georgia of the European Court of Human Rights concerning a TikTok video published by a Georgian self-defined civil activist adds another layer to the Court’s increasingly messy Article 10 case law. The applicant repeatedly insulted public officials in crude and sexually explicit terms while broadcasting to a large online audience. Domestic courts imposed only a modest administrative fine, later reduced on appeal. The ECtHR did not find a violation of the applicant’s right to freedom of expression. The judgment therefore raises several questions about the limits of legitimate political speech online. This post first outlines the facts and reasoning of the case before turning to a critical analysis.