Gachechiladze v. Georgia

Information Note on the Court’s case-law 253July 2021Gachechiladze v. Georgia - 2591/19Judgment 22.7.2021 [Section V]Article 10Article 10-1Freedom of expressionLack of relevant and sufficient reasons to justify fine, forced product recall and ban on future use of condom packaging designs: violationFacts – The applicant produced condoms with various designs on the packaging, to be sold online and via vending machines. Four of her designs became the subject of administrative-offence proceedings, on the basis that they constituted unethical advertising under the Advertising Act. During first-instance proceedings, the applicant relied, unsuccessfully, on various cases heard by the Constitutional Court to argue that sufficient justification had not been given as to why the images had been in breach of the Act. The applicant was fined, ordered to cease using and disseminating the relevant desi …