Delivery Driver Says Harassed for Targeting Mayor in Road Rage Video

Irakli Miladze said he was harassed and fined by the court for an invective-filled TikTok video targeting city authorities and public officials that use dedicated bus lanes illegally in Tbilisi. Miladze makes deliveries on his scooter. He recorded and posted the video on TikTok in December 2022. He was raging against Tbilisi mayor Kakha Kaladze and the police who, he felt, fine ordinary citizens like himself for crossing the bus lane, but let the tinted-windowed cars of the public and security officials go unpunished.

What are Miladze’s Allegations?

Miladze told TV Pirveli, that after he posted the video, he noticed being followed by two cars with tinted windows for several days. On December 10, Miladze says five individuals approached him without police insignia, asked to present the ID, and then told him to enter their vehicle, which he allegedly complied with. Four persons accompanied him in the car, while the remaining recorded from outside. Miladze says he was questioned about his audacity to insult “them” and was warned of forthcoming punishment. According to Miladze, he was punched and pressured to apologize, which he refused.

Miladze says the five men took him to the Digomi Police Department, where he underwent formal interrogation and was instructed to remove his clothing, a process that was recorded twice. Subsequently, he was charged with resisting the police and placed in detention.

On December 12, the Court proceedings commenced, but the case hearing was delayed for one month. During the hearing, the police officer testified that they had visited Miladze’s residence before apprehending him, but he had evaded apprehension. The Court fined Miladze 2,000 GEL for resisting the police.

Social Media as “Public Space”

Following the second hearing, the Court issued a second fine of 2,000 GEL after determining that the TikTok video constituted “abuse of and/or any other abusive act against such person [law enforcer] while such person is in the line of duty.” The court based its decision on the provision outlined in the first part of Article 173 of the Administrative Offences Code of Georgia.

The court ruled that TikTok, and social media, can be considered “public space” as defined by Article 166 of the Administrative Offences Code, which imposes fines for disturbing public order – including by swearing. Furthermore, the court clarified that social networks, including TikTok, are considered places of public gathering, and individuals posting content on this platform must adhere to the ethical and moral norms accepted by society. The Court further stated that a police officer came across the video on the social network and interpreted it as an insult. As a result, the officer took appropriate action by filing an administrative suit against Miladze.

“According to the court, the content of the published video went beyond the scope of freedom of speech and expression. The court did not discuss the nature of the social network and did not justify how public order and peace of other citizens were violated,” the Georgian Young Lawyers’ Association, representing Miladze in court, said in its report released on June 21.

It also noted that the decision sets “a rather dangerous precedent” which contradicts the freedom of speech standards.

Tbilisi City Hall Rebukes the Allegation

Tbilisi City Hall dismissed the information as a “complete lie” and accused the TV of disinformation. The City Hall emphasized that the media spin that Miladze was harassed for insulting the Mayor, Kakha Kaladze are “entirely false” and a media speculation to tarnish Kaladze’s reputation.

The City Hall states: “We call on media representatives to respect their profession and society, which expects them to provide real facts, not false and distorted information. We remind everyone that defamation is a crime punishable by law”.

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