The Georgian Test of Assessment of Obscenity and International Experience
Abstract:
The article explores the deficiencies of Georgian model of obscenity and its compliance with best international standards. The research envisages the analysis of the US and ECHR model of regulating obscenity. The article offers particular recommendations regarding refining the concept of obscenity. The research has revealed that the definition of obscenity in Georgian legislation is flawed and poses risks of infringing freedom of expression on the basis of conventional moral. The concept of obscenity in Georgian legislation is not in accordance with neutral concept of freedom of expression model according to the article 17 of the Constitution of Georgia. Georgian constitutional model of freedom of expression is based on the concept of neutral regulation and does not envisage limiting the right to freedom of expression on the basis of public moral. Infringement of freedom of expression based on public morals is against the constitutional model of neutral regulation of freedom of expression
Keywords:
Expression, Model, Right
