• Restrictions on freedom of expression and artistic freedom affect the whole of society, bereaving it of its pluralism and the vitality of the democratic process. The ecosystem of artistic freedom affects education, cultural development, socio-economic standards, wellbeing, quality of life, and social cohesion. Whereas complaints to the UN mechanisms are not tested in a regular court, member states of the Council of Europe are obliged to accept verdicts from the European Court of Human Rights.51 Russia and Turkey are frequently taken to the court and found guilty of violations. In 2021, Georgia was found guilty of not protecting LGBT demonstrators. But it took seven years from the incident to the final verdict. However, Georgia was convicted and forced to pay compensation. “The Court held that Georgia was to pay the applicants amounts totaling overall 193,500 (EUR). In particular, it awarded 10,000 (EUR) to the applicant who had suffered concussion and 6,000 (EUR) to the applicant who had been humiliated by the police in the supermarket.” All court decisions and press releases are available from: https://www.echr.coe.int/Pages/home.aspx?p=caselaw/HUDOC&c= GEORGIA: RELIGIOUS FEELING VS. CONDOMS - THE AIISA CASE In 2018 the chairman of the conservative civil political movement “Kartuli Idea” (Georgian Idea), complained to the Municipal Inspectorate of the Tbilisi City Hall that Georgian condom brand Aiisa had used designs that “were insulting to the religious feelings of Georgians.” Established in 2017 by then 23-year-old female entrepreneur Anania Gachechiladze, the brand name literally means “that thing” in Georgian and refers to the way some consumers ask for this specific product in the shops when they are embarrassed to use the word “condom”. The ironic images and texts on the packaging are based on popular former and current historical and fictional characters. They feature political figures and events, well-known quotes and popular slogans, phrases indicating social biases, wordplay, and designs expressing support of the LGBT community. Gachechiladze was served an administrative-offence report which said she had placed unethical advertising of her product and that the brand’s Facebook page was in breach of the rules concerning the production and dissemination of advertising. Based on the ruling of the Tbilisi City Court Gachechiladze was declared an administrative offender to be fined 500 Georgian Laris (approximately 165 (EUR)). She was also ordered to cease using and disseminating the relevant designs for the products on social media, and to issue a product recall in respect to the products already distributed. The case was transferred to the European Court of Human Rights for further consideration. In July 2021 it ruled that “the views on ethics of the Georgian Orthodox Church took precedence in the balancing of various values protected under the Convention and the Constitution of Georgia” and the Georgian courts’ reasoning was not “relevant and sufficient” to interfere with the freedom of expression concerning at least three of the four disputed condom packaging designs. Sources: European Court of Human Rights,52 Civil.ge.53 51 52 53 48 https://www.echr.coe.int/Documents/Court_in_brief_ENG.pdf https://hudoc.echr.coe.int/eng?i=001-211123 https://civil.ge/archives/433471

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