Law of Georgia on Advertising

LAW OF GEORGIA

ON ADVERTISING

Chapter I. General Provisions

Article 1 - Advertising legislation of Georgia

Advertising legislation of Georgia comprises the Constitution of Georgia, treaties and international agreements, this Law and other legislative and normative acts of Georgia.

Article 2 - The purpose and scope of the Law

1. This Law governs the legal relations involved in the production, placement, and dissemination of advertisements on commodity (works and services) and financial markets (including the securities market) of Georgia.

2. This Law aims to develop fair competition in the sphere of advertising, to protect public interests and the rights of advertisers and customers, and to avoid and prevent improper advertising.

3. This Law shall apply to natural and legal persons of Georgia and of foreign countries registered according to established procedures, who are involved in production, placement, and dissemination of advertisements in Georgia.

4. This Law shall also apply if advertising activities of natural and legal persons of Georgia outside the country cause (or may cause) negative results (restrictions of competition or misleading other natural and legal persons) in the territory of Georgia.

5. This Law shall not apply to political advertising.

6. This Law shall not apply to announcements made by natural persons who are not directly related to entrepreneurial activities.

7. Articles 4(2) and 8(8) of this Law shall not apply to trademarked consumer goods and equipment intended to promote trade, the list of which shall be determined by a relevant normative act.

8. The issues of broadcast advertising and sponsorship shall be governed by the Law of Georgia on Broadcasting, while general advertising requirements and issues related to advertising of alcoholic beverages and tobacco products, sex-related items, medical products (and services), artificial baby-food products, weapons, and securities, as well as issues related to minors protection during production, placement, and dissemination of advertising, shall be governed according to this Law.

Law of Georgia No 462 of 30 June 2000 - LHG I, No 27, 17.7.2000, Art. 84

Law of Georgia No 3245 of 9 June 2006 - LHG I, No 22, 16.6.2006, Art. 182

Article 3 - Terms used in this Law

1. Advertisement – information on goods, services, and work (the ‘goods’), on natural and legal persons, ideas and causes that is disseminated by any means or form, which is intended for an unlimited group of persons and is intended to form and maintain interest towards natural and legal persons, goods, ideas causes, and to facilitate sale of the goods and to advance the ideas and causes.

2. Improper advertising – an unfair, unreliable, unethical, misleading or other advertising that violates the requirements for content, timing, placing, and dissemination established by the legislation of Georgia.

3. Unfair advertising – advertising that includes an invalid comparison of the advertised goods with goods of other natural and legal persons, as well as expressions denigrating the name, dignity, and reputation of a competitor or a third party, or which discredits natural and legal persons who do not use the advertised goods; or an advertising that misleads consumers about the properties of the advertised goods by taking advantage of their confidence, lack of knowledge and experience.

4. Unreliable advertising – advertising that contains untrue data about the advertising customer, product specifications, ingredients, as well as the place, process and date of production, the purpose, consumer properties, conditions for use, certification marks, compliance with state standards, quantity, availability of products on the market, the possibility of purchasing the stated amount at a specific place and within a specific period of time as advertised; and the cost (price) of the product at the time of advertising, additional terms of payment, delivery, return, maintenance, warranty, and the date of expiration of the product, the right to use state symbols (flag, coat of arms, and anthem), official recognition (commendations, prizes, diplomas, and other awards), the results of a product survey and tests, and actual demand for the product.

5. Unethical advertising – advertising that violates universally recognised human and ethical norms by using abusive words and comparisons to nationality, race, profession, social origin, age, sex-related, language, religion, political and philosophical beliefs of natural persons, and which infringes on objects of art and historical and architectural monuments included in the national and world cultural heritage, discredits the state symbols (flag, coat or arms, anthem), the national currency and religious symbols of Georgia or any other state, as well as of natural and legal persons, their activity, profession or products.

6. Misleading advertising – advertising, by which an advertising customer (the producer and disseminator of the advertisement) intentionally misleads consumers of the advertisement that may damage a competitor.

6¹. Comparative advertising – advertising that directly or indirectly refers to a competitor, or to the goods and/or services offered by the competitor.

7. Counter advertising – dissemination of repudiation of an improper advertisement

8. Advertiser – a natural or legal person who presents the source of advertising information for further production, placement and dissemination.

9. Advertising producer – a natural or legal person who gives finished form to advertising information for placement and dissemination.

10. Advertising disseminator – a natural or legal person who places and/or disseminates the advertisement by using property (including, technical means of radio and television broadcasting, communications channels, broadcasting time and other means).

11. Advertising consumer – a natural or legal person who is intended to be influenced by advertising information.

12. Advertisement of tobacco products – an advertisement, which comprises the trademark and logoof the advertised tobacco product or its manufacturer, and demonstrates the consumption process of tobacco products, their cartons and boxes, or other activities related to consumption.

13. Advertisement of alcoholic beverage – an advertisement, which comprises the trademark and logo of alcoholic beverages or the manufacturer, and demonstrates the consumption process of alcoholic beverages, tare, or other activities related to the consumption.

14. Advertisement of spirit drinks – an advertisement of alcoholic beverages, in which the alcoholic content exceeds 14%.

15. Advertisement of sex-related products – an advertisement that demonstrates products that serve to satisfy sex-related needs including medical products intended to prevent and cure sex-related disorders.

15. Broadcast advertising – commercial, social or pre-election advertisement disseminated (broadcasted) by a broadcaster, except for statements made by a broadcaster about its own or an independent programme, which is information about natural or legal persons, products, services, works, ideas and causes, disseminated through any means and in any form, which is intended for an unlimited group of persons and which serves to create and retain interest towards the natural and legal persons, products, services, works, ideas or causes, as well as facilitates the selling of goods, services, works, ideas and causes.

16. Signboard – a board displaying the lettering of any shape and size that is placed at, or no further than 1.5m from the facilities of an economic agent or an entrepreneur denoting the name of the facilities.

Law of Georgia No 2442 of 20 June 2003 - LHG I, No 20, 11.7.2003, Art. 137

Law of Georgia No 2165 of 25 November 2005 - LHG I, No 51, 6.12.2005, Art. 343

Law of Georgia No 3245 of 9 June 2006 - LHG I, No 22, 16.6.2006, Art. 182

Law of Georgia No 3294 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art. 225

Law of Georgia No 617 of 28 May 2013 - website, 18.6.2013

Chapter II. General and Special Requirements for Advertising

Article 4 - General requirements for advertising

1. Upon advertising, the information should be immediately perceived, without special knowledge or technical means, as an advertisement.

2. Advertisements shall be in the state language throughout the territory of Georgia. This requirement shall not apply to programmes and publications, which are disseminated in other languages, and to the inscriptions on the images of products except for on the trademark, while the owner of the trademark (service) logo registered in another language but placed in Georgia, shall use a Georgian transliterated version of the inscription.

2¹. Throughout the territory of Georgia letterings on a signboard shall be made in the state language; it may also be made in a foreign language, if desired. The lettering made in a foreign language shall not exceed the size of the lettering made in the state language.

3. The lettering made in a foreign language shall not exceed in size (on all occasions), and in quantity (except for TV products) the lettering (transliterated) in the state language.

4. In case of using bilingual illuminated advertising, all letterings (in Georgian and in a foreign language) must be equally illuminated and legible.

5. Compliance with language standards in advertising shall be regulated by the legislation of Georgia.

6. Advertising of goods, the production and trade of which is prohibited by the legislation of Georgia or which require a special permit (licence) that has not been obtained, or advertising of an economic agent whose activities require a special permit (licence) that has not been obtained shall not be permitted.

7. Advertising of goods that require a special certificate shall be marked ‘certified’.

8. Placement and dissemination of improper advertisements shall be prohibited, and is subject to liability commensurate with the committed action, its degree and nature as provided for by the legislation of Georgia.

9. Use of an image or name of a natural person in an advertisement without his/her consent shall be prohibited.

10. Objects with exclusive rights (intellectual property) shall be used in advertisements as provided for by the legislation of Georgia.

11. An advertisement shall not incite people to violence, aggression, or chaos and shall not urge dangerous actions that may harm human health or threaten safety.

12. Differentiation of advertising fees according to the types of advertised goods shall be prohibited.

13. Advertisements disseminated (broadcast) in Georgia from a foreign country which contradict the Law of Georgia on Advertising shall be banned according to Georgian legislation and international treaties.

14. The use of images or voices of juveniles for advertising sex-related products may not be permitted in any form.

Law of Georgia No 2135 of 22 June 1999 - LHG I, No 27(34), 6.7.1999, Art. 141

Law of Georgia No 462 of 30 June 2000- LHG I, No 27, 17.7.2000, Art. 84

Law of Georgia No 2442 of 20 June 2003 - LHG I, No 20, 11.7.2003, Art. 137

Law of Georgia No 617 of 28 May 2013 - website, 18.6.2013

Article 5 –Indoor advertising

1. Simultaneous concentration of consumer attention on a specific trademark (model, marking of goods), manufacturer, performer or seller of goods without prior warning that it is advertising shall not be permitted in non-advertising video, audio and film products, or in printed publications.

2. (Deleted).

3. (Deleted).

4. (Deleted).

5. (Deleted).

6. Films in cinema and video halls may not be interrupted by advertising, except for intermissions between the series (parts) of the film.

7. During free telephone enquiry service, an advertisement may be provided to a telephone subscriber only after the subscriber has received the requested information.

8. An advertisement may be provided to a subscriber of paid telephone, computer and other information enquiry service only with the consent of the subscriber. The price of the advertisement shall not be included in the price of the information requested by the subscriber.

9. No advertisements may be disseminated by telex or fax without a prior consent of the subscriber.

Law of Georgia No 3245 of 9 June 2006 - LHG I, No 22, 16.6.2006, Art. 182

Article 6 - Outdoor advertising

1. Advertisements shall be disseminated on the territory of the cities, villages and other administrative-territorial units of Georgia by means of posters, billboards, light boards and other technical means of fixed display (outdoor advertising) as provided for by the second and eighth paragraphs of this article.

2. Outdoor advertising shall not resemble road signs or pointers; it shall not interfere with the visibility of road signs, pointers or the road, and shall not endanger traffic of vehicles and pedestrians. Advertisements placed on buildings and structures shall not mar their architectural design and shall be structurally stable. Any form of outdoor advertising shall not deface historical or architectural monuments included in the national and world cultural treasures.

3. A representative body of a relevant self-governing unit shall make decisions on the introduction of a permit for outdoor advertising on its the territory. If the decision is made on introduction of the permit regulating placement of outdoor advertising, the permit shall be issued by the executive body of the local self-governing unit (Tbilisi City Hall in Tbilisi). A permit on the placement of outdoor advertising shall be issued according to the Law of Georgia on Licences and Permits.

4. Local self-government bodies shall have a plan for placement outdoor advertisements (based on the size, form and expediency of advertising), which shall be agreed upon with:

a) the relevant body managing motor roads and the territorial subdivision of the traffic police if the site where the advertisement is to be placed is located in the area belonging or adjacent to the motor road (outside the borders of settlements).

b) a territorial subdivision of the traffic police if the site where the advertisement is to be placed on the territory of urban and rural settlements;

c) the relevant body of railway management if the site where the advertisement is to be placed is located in the area belonging to the railway;

d) the Central Scientific and Production Department for Protection and Use of Historical and Cultural Monuments of Georgia or its structural units in the regions if the advertisement is placed in the protected zones of nature, history and culture, natural reserves or national parks.

5. (Deleted).

6. The permit on placement of outdoor advertisement as provided for by this Law shall be issued for the placement of advertisement only on land or other property owned by the State or a local self-governing unit. Placement of outdoor advertising on land or other property owned by a natural person or a legal entity under private law, or owned by another organisation formed under Georgian legislation shall be permitted based on the procedures provided for by Georgian legislation, and shall not require a permit for placement of outdoor advertising provided for by this Law. The amount and the rule of payment for the placement of an outdoor advertisement on land or other property owned by a natural person, or a legal entity under private law or other organisation formed under Georgian legislation shall be defined by a contract concluded with the owner, unless otherwise provided for by this Law or by the contract .

7. The number of the permit issued to an advertising disseminator by a local self-government body shall be indicated on the outdoor advertisement.

8. A notice of any size placed at the office of an economic agent (entrepreneur) in any form (signboard, billboard, etc.), which indicates that a certain entity, commercial firm, restaurant, etc., is located in the office, may not be considered advertising unless the distance between the advertisement and the entity is at least 1.5 m.

Law of Georgia No 1551 of 3 June 2005 - LHG I, No 31, 27.6.2005, Art. 189

Law of Georgia No 629 of 5 December 2008 - LHG I, No 36, 12.12.2008, Art. 237

Law of Georgia No 1969 of 5 February 2014 - website, 19.2.2014

Article 7 – Transport Advertising

1. An advertisement shall be placed on transport on the basis of a contract concluded with the owner of the means of transport (or a person, who has the right of ownership of the means of transport), unless otherwise provided for by this law or the contract.

2. To ensure traffic safety, the restrictions and prohibitions on placement of advertisements on the means of transport shall be defined by the relevant body of the Ministry for Internal Affairs of Georgia (MIA).

Article 8 - Advertising of alcoholic beverages and tobacco products

1. Irrespective of the dissemination procedure, advertising of alcoholic beverages and tobacco products shall not create an impression that consumption of alcohol or tobacco products contributes to improvement of physical or mental states, or to success in social life or sport.

2. Advertising shall not discredit abstinence from alcohol or tobacco products. Also it shall not contain information on their positive curative properties.

3. No advertising of strong alcoholic beverages and tobacco products may be placed in any form, on avenues, bridges, or in squares (and within 20 metres on the adjacent territory) of cities and other settlements, or on the means of transportation.

4. Addressing advertising of alcoholic beverages and tobacco products directly to minors, and dissemination of such advertisements in any form in a cinema or video halls, or radio and television programmes and print media intended for minors, shall not be permitted.

5. Advertising of alcoholic beverages and tobacco products at institutions for children, educational and medical institutions, cultural and sports organisations, or within 100 metres from them shall not be permitted, except for the cases provided for by paragraphs (5¹) and (5²) of this article.

5¹. Advertising of alcoholic beverages at sports organisations shall be permitted only if the sports organisations (a stadium, a gym) host domestic (national/local) or international sports events (except for sports competitions for children).

5². In the cases under paragraph (5¹) of this article, the use of trademark and logos of alcoholic beverages or their manufacturers, as well as the use of their images on sports outfits and other attributes to advertise alcoholic beverages shall be permitted.

6. Advertising of tobacco products shall not feature the product in an open carton or box, or in the process of consumption, and shall not encourage its use. Also it shall not violate universally recognised human, ethical norms and moral norms established by ethnic psychology.

6¹. Advertising of alcoholic beverages, which features an open container of the beverage or the process of its consumption, shall include the warning: ‘Alcohol abuse can damage your health.’ Also it shall not violate universally recognised human, ethical norms and moral norms established by ethnic psychology.

7. Advertising of spirits and tobacco products through radio and television, or on the front pages of newspapers and magazine covers may not be allowed.

8. Advertising of tobacco products (except for dissemination through radio and television) shall carry a warning about the harm of smoking and the text as well as computer font and size of advertising shall be determined by the Ministry for Labour, Health and Social Affairs of Georgia. Such information shall constitute not less than 20 per cent of the whole content of the advertising.

9. When advertising tobacco products through radio and television, information about the harm of smoking, approved by the Ministry for Labour, Health and Social Affairs of Georgia, shall be presented in the form of a verbal warning.

Law of Georgia No 1220 of 21 December 2001 - LHG I, No 1, 10.1.2002, Art. 5

Law of Georgia No 3243 of 09 June 2006 - LHG I, No 22, 16.6.2006, Art. 180

Law of Georgia No 942 of 30 December 2008 - LHG I, No 2, 16.1.2009, Art. 5

Article 8¹ – Advertising of sex-related products

1. Advertising of sex-related products through radio, television, and on the front pages of newspapers and magazine covers shall not be permitted.

2. The prohibition laid down by the first paragraph of this article shall not apply to medical sex-related products of curative and preventive purposes if they are necessary for ensuring human health and safety. In this case, advertisements of the stated products shall be placed and disseminated as provided for by Georgian legislation.

Law of Georgia No 2442 of 20 June 2003 - LHG I, No 20, 11.7.2003, Art. 137

Article 9 - Advertising of pharmaceutical products

1. Advertising of pharmaceutical products means dissemination of materials and/or action in media or in any other form and by any other means that intends to promote the use of pharmaceutical products.

2. Advertising of pharmaceutical products which are subject to special control (contained in group I), as well as products in group II that are not allowed to enter the Georgian market shall not be permitted.

3. Advertising pharmaceutical products of group III shall be permitted on the basis of prior consent to the content by the competent body under the Ministry for Labour, Health and Social Affairs of Georgia, and in compliance with the following conditions:

a) If advertisements of pharmaceutical products are disseminated in printed form, they shall include the warning: 'Read the instructions before use, and consult your doctor for further information on side effects;'

b) If advertisements of pharmaceutical products are disseminated in non-printed form, the information on harm shall be a verbal warning;

c) If pharmaceutical products are advertised on television where the advertising can be seen and heard, a warning text shall be visible (legible) for not less than three seconds and it shall also be in verbal form;

4. A prior agreement with the competent body of the Ministry for Labour, Health and Social Affairs of Georgia on the advertising text implies agreement on compliance of the advertising text with the information included in the instructions.

5. The advertising text of pharmaceutical products may not differ in content from the indications included in the instructions intended for consumers.

6. No diseases may be indicated in the advertisement text of complementary medicine products, biologically active supplements and para-medicinal products not registered as pharmaceutical products, or voluntarily not registered through the national regime of state registration and such products may not be presented as pharmaceutical products.

7. Advertising of pharmaceutical products registered voluntarily according to the national regime of the state registration of pharmaceutical products shall be free and shall not be subject to the regulation provided for in this article, except for the regulation specified in the fifth paragraph of this article.

8. The competent body within the Ministry for Labour, Health and Social Affairs of Georgia shall monitor advertising of pharmaceutical products to ensure observance of the Law of Georgia on Medicine and Pharmaceutical Activity.

9. The following shall not be considered as advertising:

a) marking and instructions of pharmaceutical products;

b) business correspondence;

c) informative, factographic leaflets and reference material, if the information included in the above material only refers to the changes of pharmaceutical products or precautionary measures;

d) information related to health and/or disease, unless it includes direct or indirect reference to treatment by the pharmaceutical product;

e) providing information to persons engaged in pharmaceutical practice about a pharmaceutical product.

10. Pharmaceutical products of the first and second groups, and products that are not allowed to enter the Georgian market, may not be distributed to people for advertising purposes.

Law of Georgia No 1775 of 24 December 1998 - LHG I, No 1(8), 14.1.1999, Art. 11

Law of Georgia No 1587 of 10 August 2009 - LHG I, No 26, 27.8.2009, Art. 150

Article 9¹ – Advertising artificial baby-food products

Advertising of artificial baby-food products (except for supplementary food), dummies and bottles with nipples shall be prohibited.

Law of Georgia No 2378 of 9 September 1999 - LHG I, No 43(50), 21.9.1999, Art. 219

Article 10 - Advertising of weapons

Dissemination of advertisements of military weapons shall not be allowed. Advertisements of all other types of weapons, including hunting and sports weapon shall be disseminated on the basis of a special permit issued by the relevant agency of the MIA.

Article 11 - Advertising of securities

1. The purpose of advertising the issuance and placement of securities shall be the provision of information. Securities shall only be offered and supplied through a prospectus about their offering.

2. Advertising of securities shall include:

a) name of the issuer;

b) name and address of the underwriter;

c) identity and address of the persons responsible for placement;

d) location and the identity of the person from whom a potential investor may purchase or view the offering prospectus;

e) licence number and name of the body issuing the licence.

3.The following shall be inadmissible in the process of advertising securities:

a) dissemination of advertisements for securities before the offering prospectus is registered by the State;

b) dissemination of information other than that indicated in the offering prospectus;

c) announcement of any guarantees, promises or expectations about future efficiency (profitability) of activity, including the increase of the exchange value of securities;

d) indication of a guaranteed amount of dividends on common stocks;

e) any attempt made by the issuer to self-list its own securities.

Article 12 - Social advertising

1. Social advertising – means advertising intended to support public good and achieve charitable purposes, which is neither business nor election advertising and does not intend to promote a legal entity under private law, a state institution or the services rendered by them.

2. Commercial organisations and sole proprietorships, specific trademarks of their goods (models, marking of goods), or specific trademarks of the goods (models, marking of goods) that constitute the results of ancillary entrepreneurial activity of non-profitable organisations shall not be mentioned in social advertising.

3. Free production and dissemination of social advertisements by natural and legal persons and the transfer of their own property, including money, to other natural or legal persons for the same purpose shall be considered as a charitable activity, for which concessions are provided for in Georgian legislation.

4. (Deleted).

Law of Georgia No 3245 of 9 June 2006 - LHG I, No 22, 16.6.2006, Art. 182

Article 12¹ – Comparative advertising

Comparative advertising shall be permissible if the following conditions are met:

a) it compares goods and/or services that are used for the same needs or purposes;

b) it impartially compares one or more material, essential, verifiable and common features of the products and/or service that may be included in the price;

c) it does not cause confusion in the marketplace between advertising customers and competitors or between the trademarks, trade names, and other distinctive features, products and services of the advertising customer and the competitor;

d) it does not discredit the conditions, trademarks, trade names, other distinctive features, goods, services or activity of the competitor;

e) it indicates the products having the same name when advertising products marked with the place of origin;

f) it does not benefit from the reputation of the competitor's trademark, trade name and other distinctive features, or from referring to the place of origin of the competing product;

g) it does not replicate products and/or services with protected trademarks and trade names.

Law of Georgia No 2165 of 25 November 2005 - LHG I, No 51, 6.12.2005, Art. 343

Article 13 - Sponsorship

According to this Law, sponsorship is a contribution made by a natural or a legal person to the activity of another natural or legal person (in the form of money, property, outcomes of intellectual activity, provision of services and performance of work), provided that the products manufactured by the sponsor will be advertised. Contributions made by a sponsor shall be considered as the cost of advertising, while the sponsor and the sponsored entity shall be considered as the advertising customer and the advertising disseminator, respectively. A sponsor may not interfere in the activity of an advertising producer or a disseminator. Persons whose products or activities may not be advertised under this Law shall not have the right to sponsor. Sponsorship of tobacco producers, importers and traders directly or indirectly, i.e. through other natural or legal persons, shall be prohibited.

Law of Georgia No 462 of 30 June 2000 - LHG I, No 27, 17.7.2000, Art. 84

Law of Georgia No 942 of 30 December 2008 - LHG I, No 2, 16.1.2009, Art. 5

Article 14 - Protection of minors during production, placement and dissemination of advertising

To protect minors from manipulation due to their credulity and inexperience during production, placement and dissemination of the advertisements, the advertising:

a) may not exhort minors to persuade their parents and other persons to buy the advertised goods;

b) may not lead minors to believe that owning the advertised goods will make them superior to other minors, while not owning the goods will make them inferior to other juveniles;

c) may not include text, or audio and video material that shows minors in dangerous places and situations;

d) shall consider the necessary level of skill needed for minors to use the products. Also if the results of the use of the products are demonstrated or described, the advertising shall include information on what can be actually achieved by the target age-group of minors;

e) may not create unrealistic (distorted) impressions of the cost (price) of the goods to minors, particularly by using words such as ‘only’, ‘just’ etc., and by direct or indirect indication that any family can afford the advertised goods.

Chapter III. Rights and Obligations of the Advertising Customer, Producer and Disseminator

Article 15 - Term of storing advertising material

 Advertising customers, producers and disseminators shall be obliged to keep advertising materials or their copies, including all changes made to them, for two months after the date of the last dissemination of the advertisement, but if the material becomes subject to a dispute, the advertisement shall be kept until relevant bodies settle the dispute.

Article 16 - (Deleted)

Law of Georgia No 1551 of 3 June 2005 - LHG I, No 31, 27.6.2005, Art. 189

Law of Georgia No 1969 of 5 February 2014 - website, 19.2.2014

Chapter IV. State Control in the Sphere of Advertising

Article 17 - The powers of local self-government bodies in the sphere of advertising

Within the scope of their competence, local self-government bodies may impose administrative sanctions on persons violating the advertising legislation of Georgia as provided for by law.

Law of Georgia No 883 of 29 December 2004 - LHG I, No 6, 19.1.2005, Art. 39

Law of Georgia No 1551 of 3 June 2005 - LHG I, No 31, 27.6.2005, Art. 189

Law of Georgia No 1969 of 5 February 2014 - website, 19.2.2014

Article 17¹ – Control of broadcast advertising

Control over the timing, the forms of placement (venue) and the means used in broadcast advertising, as well as control of compliance with restrictions established by the disseminator of broadcast advertising under the Law of Georgia on Broadcasting, the Law of Georgia on Advertising and other legal acts of Georgia shall only be exercised by the Georgian National Communication Commission, which, within its scope of competence:

a) shall make a decision on partial or full suspension of improper advertising or counter advertising;

b) shall be empowered to impose sanctions on transgressors of the Law of Georgia on Broadcasting, the Law of Georgia on Advertising, and other legal acts as provided for by the Law of Georgia on Broadcasting;

c) may request appropriate bodies to commence criminal proceedings.

Law of Georgia No 3245 of 9 June 2006 - LHG I, No 22, 16.6.2006, Art. 182

Article 18 - (Deleted)

Law of Georgia No 1551 of 3 June 2005 - LHG I, No 31, 27.6.2005, Art. 189

Law of Georgia No 1969 of 5 February 2014 - website, 19.2.2014

Chapter V. Counter Advertising and Responsibility for Improper Advertising

Article 19 - Counter advertising

Counter advertising shall be carried out by the same means, sequence, space and place that were used for improper advertising.

Law of Georgia No 1551 of 3 June 2005 - LHG I, No 31, 27.6.2005, Art. 189

Law of Georgia No 1969 of 5 February 2014 - website, 19.2.2014

Article 20 - Responsibilities of advertising customers, producers and disseminators

1. An advertising customer shall be held responsible for violating the Law of Georgia on Advertising with regard to the content of the information submitted for development of the advertising, unless it is proved that the violation occurred due to the actions of the advertising producer or the disseminator.

2. An advertising producer shall be held responsible for violation of the part of the Law of Georgia on Advertising, which refers to the design, production or development of advertising.

3. A disseminator shall be held responsible for violation of the part of the Law of Georgia on Advertising, which refers to the timing, place and means of dissemination of advertisements.

Article 21 - Responsibility for violating the Law of Georgia on Advertising

1. Natural and legal persons (advertising customers, producers and disseminators) shall be held responsible for violating the Law of Georgia on Advertising as provided for by Georgian legislation.

2. Local self-government bodies shall be responsible for meeting the requirements provided for by Article 6 of this Law.

2¹. The Georgian National Communication Commission shall impose responsibility for violation of the regulatory norms of broadcast advertising.

3. Persons, whose rights and interests are infringed by an improper advertisement may make a claim in court, in the prescribed manner for compensation of damages to their health and property, name, dignity and business reputation, and to require public repudiation of the improper advertisement.

4. Holding an advertising customer, a producer and a disseminator responsible does not discharge them from ceasing to violate the Law of Georgia on Advertising and from enforcement of a decision on implementing counter advertising.

5. An advertising customer, a producer and a disseminator may bring the case to the court based on Georgian legislation to make the decision of a local self-government body fully or partially void.

6. Bringing a case in court provided for by the fifth paragraph of this article shall not suspend enforcement of the decision of a local self-government body, unless the court issues a decision on suspension.

Law of Georgia No 1551 of 3 June 2005 - LHG I, No 31, 27.6.2005, Art. 189

Law of Georgia No 3245 of 9 June 2006 - LHG I, No 22, 16.6.2006, Art. 182

Law of Georgia No 1969 of 5 February 2014 - website, 19.2.2014

Chapter VI. Transitional and Final Provisions

Article 22 - Transitional provisions

1. (Deleted).

1¹. The following shall be permitted until 1 January 2015:

a) dissemination of advertisements of spirits in any form on avenues, bridges and in squares of cities and other settlements and on the means of transport; dissemination of advertisements of spirits through television and radio after 20:00pm according to Article 8 of this Law in accordance with the rules for advertising of spirits.

b) dissemination of advertising of alcoholic beverages within 100m from cultural and sports organisations.

2. The wording of Article 8(8) of this Law (except through radio and television) shall be valid until 31 December 2001.

3. Article 12(3) of this Law shall become effective on the date that the relevant changes to the Tax Code of Georgia become effective.

4. Local self-government and government bodies shall be entrusted to carry out measures, within two months after the Law becomes effective, to ensure the compliance of outdoor advertising with the requirements of this Law.

5. (Deleted).

6. (Deleted).

Law of Georgia No 1775 of 24 December 1998 - LHG I, No 1(8), 14.1.1999, Art. 11

Law of Georgia No 2378 of 9 September 1999 - LHG I, No 43(50), 21.9.1999, Art. 219

Law of Georgia No 3245 of 9 June 2006 - LHG I, No 22, 16.6.2006, Art. 182

Law of Georgia No 1061 of 13 March 2009 - LHG I, No 5, 24.3.2009, Art. 19

Law of Georgia No 3962 of 10 December 2010 - LHG I, No 73, 23.12.2010, Art. 442

Article 23 - Enactment of the Law and the normative acts to be invalidated

1. This Law shall become effective on publication.

2. Article 8(7) of this Law shall be effective after 1 April 2003;

3. The following shall be invalidated on the day that this Law becomes effective:

a) Edict No 60 of 10 March 1995 of the Georgian Head of State on Protection of Consumers from Unfair Advertising;

b) Ordinance No 160 of 27 March 1995 of the Cabinet of Ministers of the Republic of Georgia on Urgent Measures for Protection of Consumers from Unfair Advertising.

Law of Georgia No 2378 of 9 September 1999 - LHG I, No 43(50), 21.9.1999, Art. 219

Law of Georgia No 1220 of 21 December 2001 - LHG I, No 1, 10.1.2002, Art. 5

The President of Georgia                                                         Eduard Shevardnadze

Tbilisi,

18 February 1998

No1228-IIS