Georgian condom brand fined for ‘unethical’ designs wins case against Georgia in Strasbourg Court

Georgian condom brand AIISA, which was fined 500 GEL for unethical packaging designs in 2018, has won a case against Georgia in the European Court of Human Rights (ECHR).

 In May 2018, following the decision of Tbilisi City Court, AIISA was instructed to remove its products from sale and to cease all marketing activity for them.

 The case began after conservative political party Georgian Idea requested Tbilisi City Hall to intervene against AIISA’s condoms, including those depicting Georgian Queen Tamar, who is recognised as a saint by the Georgian Orthodox Church.

 The Tbilisi City Hall took up the case arguing that it violated a law on advertisements as designs were ‘inappropriate’ and ‘unethical’.

 The European Court of Human Rights noted that the reasoning developed by the national courts to restrict the freedom of expression of the brand owner Anania Gachechiladze was neither relevant nor sufficient to justify an interference with Article 10 of the European Convention on the Human Rights.

 The ECHR’s decision reads that there is a lack of relevant and sufficient reasons to justify administrative-offence fine, forced product recall and ban on future use of condom packaging designs.

 The ECHR also noted it is unacceptable to prioritise views on ethics of the members of the Georgian Orthodox Church.

 The court reiterates that in a pluralist democratic society those who choose to exercise the freedom to manifest their religion must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith”, the ECHR noted.

 Tbilisi-based human rights organisation Georgian Democratic Initiative was defending the rights of AIISA’s owner Anania Gachechiladze.

 Read more case details here.