• 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
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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