Advertising in Georgia is a distinct legislative field: the Law of Georgia on Advertising governs the production, placement and distribution of advertising on the goods, services and financial markets, and assigns to every participant in the process — the advertising customer, the producer and the distributor — its own role and responsibilities.
Legal Basis and the Purpose of the Law
Under Article 1, the advertising legislation of Georgia consists of the Constitution of Georgia, international treaties and agreements, this law, and other legislative and normative acts of Georgia. Article 2 defines the scope: the law regulates the legal relations arising in the production, placement and distribution of advertising on Georgia's goods and financial markets, the securities market included. Its purpose is the development of healthy competition in the advertising sphere, the protection of the public interest, of the rights of advertising subjects and of consumers, and the prevention and interdiction of improper advertising. The boundaries are drawn here as well: the law does not apply to political advertising. The same article allocates competence: broadcast advertising and sponsorship are regulated by the Law on Broadcasting, while the general requirements for advertising, the advertising of alcohol, tobacco, gambling, pharmaceutical products, weapons and securities, and the protection of minors are regulated by this law.
Core Terms and the Roles of the Participants
Article 3 builds the vocabulary of advertising law. An advertisement is information distributed in any means and form about goods, natural and legal persons, ideas and initiatives, aimed at an indefinite circle of persons. Improper advertising is the object of state interdiction and unites dishonest, unreliable, unethical and misleading advertising — advertising in which the requirements as to content, time, place or manner of distribution are violated. Dishonest advertising contains incorrect comparisons with the goods of other persons and statements disparaging a competitor's name, dignity or reputation; unreliable advertising contains data inconsistent with reality about the customer and the properties of the goods; unethical advertising employs insulting words and comparisons based on nationality, race, religion and other characteristics. Misleading advertising deliberately deceives the consumer and is capable of harming a competitor. The roles of the participants are named here as well: the advertising customer is the source of the advertising information; the producer gives it its ready form; the distributor places and distributes it; the consumer is the person to whom the information is directed. The terms include specific categories: for example, hard-liquor advertising is advertising of an alcoholic beverage in which the spirit content exceeds fourteen percent.
Covert Advertising — the Prohibition of Undisclosed Promotion
Article 5 prohibits covert advertising and frames distributors in precise rules. In non-advertising video, audio and film production, as well as in print publications, it is prohibited to focus the attention of consumers simultaneously on a specific brand, model or article of goods, on the manufacturer or seller, without the prior notice that it is advertising — an appearance made in breach of this rule counts as covert advertising. The same article regulates film and video services: the interruption of a film's demonstration by advertising is prohibited, except for breaks between series. Telephone directory services have their boundary too: in free directory telephone services, advertising may be delivered to a subscriber only after the requested information has been provided; in paid services — only with the subscriber's consent, and its value must not be included in the value of the requested information. Distribution of advertising by telex or fax without the subscriber's prior consent is prohibited. The common logic of these norms is one: the consumer must know that he or she is looking at advertising.
Social Advertising — a Separate Non-Commercial Category
Article 12 defines social advertising as advertising directed at promoting the public good, achieving charitable aims, raising public awareness of important social issues or fostering a positive change in society's behaviour, which is neither commercial nor pre-election advertising. Social advertising must not mention commercial organizations and individual entrepreneurs, or the specific brands, models or articles of their goods — this closes the path of covert promotion for business through socially framed messages. Under the same article, the unpaid production and distribution of social advertising by natural and legal persons, as well as the transfer of property, monetary funds included, for this purpose, is considered charitable activity for which the legislation provides benefits. Determining the status of social advertising correctly matters for the distributor as well: its rules differ entirely from the regime of commercial advertising.
Frequently Asked Questions
Below we answer the questions that arise most often around advertising legislation.
What does the Law on Advertising regulate?
The relations arising in the production, placement and distribution of advertising on the goods and financial markets, for the aims of healthy competition and consumer protection.
Does the law extend to political advertising?
No — the law does not apply to political advertising, nor to statements of natural persons not directly connected with entrepreneurial activity.
What is covert advertising?
Focusing attention on a specific brand in non-advertising content without the notice that it is advertising; such practice is prohibited.
Who are the subjects of advertising?
The customer is the source of the information; the producer gives it form; the distributor places and distributes it; the consumer is the person it influences.
Can a brand be mentioned in social advertising?
No — social advertising must not mention commercial organizations, individual entrepreneurs or the specific brands of their goods.
How We Help on Legal.ge
The Legal.ge team supports advertising customers, producers, distributors and agencies with the legal side of advertising projects. We distinguish the types of advertising and the requirements applied to them, check a campaign's compliance with the prohibitions of improper and covert advertising, assess the status of social advertising and prepare positions for disputes. Contact us — we will assess your project, identify the risks and plan the campaign's legal safety from the design stage onward.