Adult industry in Georgia: what is allowed and what is prohibited under the law
- What is considered “pornography” in Georgia?
- Current rules: what is permitted
- Red lines: what is strictly prohibited
- Regulation of advertising and broadcasting
- Protection of minors
- Voluntary participation and lawful origin of content
- Compliance with advertising legislation
- Moderation and access control
- Conclusion
- Contact a lawyer for further information.
In recent years, Georgia’s legal landscape has undergone significant changes, turning the country into one of the most liberal jurisdictions in the region in relation to the “adult” industry. A decision of the Constitutional Court in 2022 effectively decriminalised the production and distribution of pornography involving adults, opening up new horizons for business and content creators. However, liberalisation is accompanied by strict rules on the protection of minors and compliance with ethical standards.
In this article, we outline what is permitted and what is prohibited in Georgia’s adult sector under the current legislation.
| Period | Liability | Permitted | Prohibited |
|---|---|---|---|
| Before the Constitutional Court decision (until 4 November 2022) | Article 255, part one of the Criminal Code of Georgia* | Possession of adult pornography for personal use (there was no express prohibition) \n\n• Viewing adult pornography (was not a criminal offence) \n\n• Distribution of pornography via cable television — only in encrypted form and only under an individual contract (Law on Broadcasting) | • Production, manufacture, distribution, advertising of pornographic materials for the purpose of sale or distribution — a criminal offence. \n\nPossible sanctions: a fine, corrective labour for up to 2 years, or imprisonment for up to 2 years. |
| After the amendments (from 1 May 2023) | Article 255, part one of the Criminal Code of Georgia* has been found inconsistent with the Constitution of Georgia | Production of adult pornography. \n\n• Free distribution and advertising of adult pornography, provided it does not infringe the interests of minors and does not include violent scenes. \n\n• Distribution via cable television — still only in encrypted form and under an individual contract | Pornography involving minors |
* Article 255, part one of the Criminal Code of Georgia: unlawful production of graphic works, printed publications, images or other items of a pornographic nature, distribution or advertising thereof, as well as trade in such an item or its storage for the purpose of sale or distribution, — shall be punishable by a fine or corrective labour for up to two years, or imprisonment for the same term.
What is considered “pornography” in Georgia?
Georgian legislation does not provide a clear legal definition of the term “pornography”. In disputed situations, materials are assessed by experts and art historians for the presence of pornographic elements, containing factual indicators, including:
- Content: presence of naked intimate body parts, genitals, sexual acts, or materials created for the purpose of arousal.
- Age: indications of participation by minors or persons incapable of giving consent.
- Context: private material or material intended for public distribution.
- Purpose: artistic/documentary purpose vs. the purpose of sexual arousal.
Current rules: what is permitted
| Permitted | Conditions |
|---|---|
| Creation, distribution and sale of pornography | • All participants are adults \n• Participate voluntarily |
| Operation of online platforms and services hosting pornography in Georgia | Subject to compliance with general legal requirements: \n• Protection of minors \n• Personal data protection \n• Age verification \n• Access restrictions and content moderation |
Red lines: what is strictly prohibited
| Prohibited and criminally punishable | Conditions | Liability |
|---|---|---|
| Child pornography | Intentional: \n• acquisition \n• storage \n• possession \n• attending a performance or using a pornographic work | Imprisonment from 5 to 10 years |
| Child pornography | Intentional: \n• offering \n• import \n• export \n• distribution \n• transfer \n• advertising or otherwise providing access to pornographic works containing images of minors, obtained with prior awareness | Imprisonment from 9 to 15 years |
| Child pornography | • production \n• sale | Imprisonment from 15 to 20 years |
| Pornography involving violence, coercion or exploitation | It constitutes an offence where: \n• a person is coerced into participating in filming, \n• a vulnerable situation is exploited, \n• the content is linked to human trafficking. | No specific term stated; this encompasses several offences |
Regulation of advertising and broadcasting
Advertising activity in the adult industry is strictly regulated to protect public morals and children.
Protection of minors
Advertising of sexually explicit materials:
- must not be accessible to minors,
- must not be placed in locations accessible to children (daytime television, children’s websites, outdoor advertising near schools and children’s institutions).
Voluntary participation and lawful origin of content
Any advertisement must include a disclaimer confirming that the advertised product:
- is created only with adult participants,
- participants acted with their own consent,
- contains no violence, exploitation, or signs of human trafficking.
Compliance with advertising legislation
Advertising must not:
- contain aggressive, humiliating or offensive elements,
- violate public morals,
- be misleading.
Moderation and access control
Platforms hosting advertising:
- are obliged to filter impressions,
- block automatic delivery of adverts to minors,
- provide mechanisms for complaints and removal of infringing content.
Conclusion
Georgia has moved to a model of a regulated market, allowing the production of pornography with the voluntary participation of adults, as well as the hosting of pornography on online platforms and services.
The state’s key priorities remain the protection of minors and ensuring voluntary participation in filming.
Placement of adverts in locations intended for an undefined audience is prohibited, as the content may become accessible to minors.
Public display in public places is prohibited.
Authors: Dmitry Arkhipenko, Nino Zautashvili.
Launching a project in the adult sector requires a thorough understanding of local legal nuances — from properly documenting consents (model releases) to configuring age-verification systems and complying with advertising restrictions.
Would you like to learn more about registering IT companies or media businesses in Georgia? We are always available.
Contact a lawyer for further information.
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