The Georgian Law on Advertising operates with the term „improper advertising“ — „false advertising“ is not a statutory term. If another person’s advertising harms your rights or business reputation, the law provides its own instruments for this situation. On this page we explain them under Articles 4, 15, 19, 20 and 21 of the Law on Advertising: general requirements, storage periods, the three-party liability split, counter-advertising, and judicial protection.
The General Requirements Towards Advertising (Article 4)
The starting point is the set of general requirements. An advertisement must be understandable at the moment of its presentation without special knowledge or technical means. Advertising is disseminated on the whole territory of Georgia in the state language; a foreign-language inscription must not exceed, in size and quantity (except teleproduction), the form executed in the state language. Advertising goods whose production and sale are prohibited, or which require a permit that has not been obtained, is impermissible. Advertising of goods whose certification is mandatory must be accompanied by the mark „certified“. Advertising must not push citizens towards violence; using a natural person’s image or name without consent is prohibited; and when an entrepreneur offers property or services, the price must be expressed in lari only.
Improper Advertising and the Storage of Materials (Articles 4 and 15)
The law directly provides: the placement and dissemination of improper advertising are prohibited. In accordance with the committed act, the degree and character of the public danger, it entails responsibility established by the legislation of Georgia. This formulation matters: responsibility is determined by the legislation, and its measure follows the committed act and the degree and character of the public danger.
When improper advertising is being established, the rules for storing advertising materials are also important: the advertiser, the producer and the disseminator are obliged to store the advertising materials or copies, including every subsequent change, for 2 months from the day the advertising was last disseminated — and if the material has become disputed, the storage obligation continues until the dispute is resolved by the relevant bodies.
The Liability of the Three Parties (Article 20)
The law splits liability among three subjects — and the split determines whom to claim against: the advertiser is liable for the content of the information presented for the creation of the advertising, unless it is proven that the violation occurred through the fault of the producer or the disseminator; the producer of the advertising is liable for the part concerning the design, production or preparation of the advertising; the disseminator — for the part concerning the time, place or means of dissemination.
The practical conclusion: before applying, establish which element is violated — content, design or dissemination — and choose the responsible subject accordingly.
Counter-Advertising — the Corrective Instrument (Article 19)
Alongside sanctions the law provides a means of correction: counter-advertising must be disseminated by the same means and with the same characteristics of sequence, space and place as the improper advertising. This requirement ensures the correction reaches the same audience that received the improper information — the essence of the remedy, not a formal detail.
Equally important: the imposition of liability does not release the advertiser, the producer or the disseminator from stopping the violation and executing the decision on counter-advertising. Liability and correction do not exclude each other — they operate together.
Judicial Protection and Supervision (Article 21)
The law directly secures the rights of the injured: persons whose rights and interests are violated as a result of improper advertising may, in the established manner, apply to the court with a claim for compensation for damage caused to health and property, to name, dignity and business reputation, and demand a public refutation of the improper advertising. This is among the most direct routes to protecting business reputation.
The structure of supervision matters too: at the municipal level the municipal body or the legal entity of public law founded by a self-governing city answers for the fulfilment of the requirements established by law, and non-compliance with the norms of non-broadcast advertising is the responsibility of the Georgian National Communications Commission. The law also lets the advertiser, the producer and the disseminator apply to the court for those decisions to be declared void in full or in part.
Frequently Asked Questions
Below are the questions most frequently asked about improper advertising.
What is improper advertising?
The operational term of the law is „improper advertising“ — „false advertising“ is not a statutory term. Its placement and dissemination are prohibited and entail responsibility matching the committed act and the degree and character of the public danger.
For how long must advertising materials be stored?
They must store the materials or copies, including all subsequent changes, for 2 months from the last dissemination — and in a dispute, until its resolution.
Who answers for improper advertising?
Liability is divided in three: the advertiser answers for the content of the information presented, the producer — for design and production, the disseminator — for the time, place and means of dissemination.
What can be claimed in court?
Compensation for damage caused to health and property, to name, dignity and business reputation, and a public refutation of the improper advertising.
How We Help on Legal.ge
A case of improper advertising begins with fixation: storing the material, documenting the place and time of dissemination, calculating the damage. Note that price indication in advertising is regulated under the Law on Consumer Rights Protection, so assessment requires coordination with other norms too. Then comes the strategic choice — the supervisory body, the court, or both in parallel. Our team will help shape the position, systematise the evidence, and prepare the counter-advertising demand and the damages claim. Contact us through Legal.ge — we will assess your situation within the framework of the Law on Advertising and give you a concrete step-by-step plan.