The Telavi District Court fined Georgian citizen Aleksi Kenchoshvili 1,500 lari for verbally insulting Tbilisi Mayor Kakha Kaladze on social media. The case was heard based on a report filed by the Hate Speech Division of the Human Rights Protection Department under the Georgian Ministry of Internal Affairs.
The case stemmed from a comment Kenchoshvili made regarding Kaladze, though the exact text of the comment was not included in published reports about the court's decision.
Kenchoshvili was charged under Article 173¹⁶ of the Code of Administrative Offenses of Georgia. This article establishes liability for verbal insults, profanity, offensive remarks, or other abusive actions directed at state and political officials, civil servants, and persons of equivalent status in connection with the performance of their official duties.
Part 1 of the article stipulates a fine ranging from 1,500 to 4,000 lari or administrative detention for up to 45 days. Consequently, Kenchoshvili received the minimum penalty.
Article 173¹⁶ was introduced into Georgian legislation in February 2025. At that time, Parliament amended the Code of Administrative Offenses to establish specific liability for insulting state and political officials and public servants while they were performing their duties or in connection with their professional activities.
Since June 2026, the Hate Speech Division—established within the Ministry of Internal Affairs—has handled such cases. According to the Democracy Research Institute, approximately 60 cases involving alleged violations were referred to the courts during the division's first two weeks of operation. Those implicated included lawyer Shota Tutberidze and various journalists. In June, the Tbilisi City Court fined Tutberidze 4,000 lari for a comment posted under a publication by Georgian Dream MP Nino Tsilosani. The case was initiated by the Interior Ministry’s unit for combating hate speech and was heard under Article 173¹⁶.
Journalists Vakho Sanaia and Vika Bukiya, as well as Baia Pataraia—head of the organization Sapari—had previously been fined under this same article for social media posts and comments regarding representatives of the ruling party.
Meanwhile, on September 17, Judge Tsitsino Kikvadze of the Kutaisi City Court submitted a referral to the Constitutional Court of Georgia, questioning the constitutionality of Article 173¹⁶ of the Code of Administrative Offenses. This move was prompted by a separate case involving a Facebook comment directed at Kaladze.
That case concerned Irakli Kezevadze. The Interior Ministry accused him of insulting Kaladze in a comment posted on June 3. During the hearing, Kezevadze admitted to writing the comment and stated that he had been intoxicated. He also told the court that he was unemployed, cared for his ailing mother, and lived on her pension and assistance from friends. He subsequently stated that he would no longer write such comments.
Judge Tsitsino Kikvadze noted that Article 166 of the Code of Administrative Offenses, covering petty hooliganism, already addresses such actions. That article provides for a fine of 500 to 3,000 lari or administrative detention for up to 20 days. In contrast, Article 173¹⁶ imposes harsher penalties and does not allow the court to exempt an individual from administrative liability through the procedure prescribed by law.
In her referral, Kikvadze also highlighted the special status held by politicians and public officials. In its assessment, the issue is not whether state authorities should protect public officials, but rather whether a separate and harsher penalty specifically for offensive speech is necessary for that purpose. The court asked the Constitutional Court to evaluate whether such a provision is consistent with the freedom of expression guaranteed by the Constitution.
Article 173¹⁶ has previously drawn criticism from the Council of Europe’s Venice Commission. In March 2025, the Commission issued an urgent opinion on amendments to the Georgian Code of Administrative Offenses and legislation governing assemblies and demonstrations.
