Law of Georgia on Protecting Minors From Bad Influences

LAW OF GEORGIA

ON PROTECTING MINORS FROM BAD INFLUENCES

Chapter I - General Provisions

Article 1 - Legislation of Georgia in the field of protecting minors from bad influences

The legislation of Georgia in the field of protecting minors from bad influence comprises the Constitution of Georgia, international treaties and agreements, this Law, and other normative acts of Georgia.

Article 2 - Purpose of the Law

1. The purpose of this Law is to protect minors from bad influences related to the consumption and sale of alcohol and tobacco, and to participation in games of chance.

2. The matters with regard to the protection of minors from bad influences in broadcasting are regulated by the Code of Conduct prescribed by Article 50 of the Law of Georgia On Broadcasting.

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 3 - Definitions of terms

1. The terms used herein have the following meanings:

a) bad influence – influence exerted through the film screening, consumption and sale of print production, alcohol and tobacco, and through the participation in games of chance that may harm a minor's mental and/or physical health, and his/her moral or social development;

b) game of chance – a game, which results either in a loss or a gain of money, property, property rights, and which depends on chance;

c) gambling house – an establishment where gambling activities are conducted;

d) gaming machine – a mechanical or an electronic machine on which games are played, as a result of which money is either lost or gained;

e) encoded television channel – a television channel with encrypted program-carrying signals, the connection to which is established only when a broadcasting organisation expresses its consent to make the decrypting means available to the public.

f) scene of violence – pictures showing murders committed with particular cruelty, a suicide, intentional infliction of grave injury, torture, or maiming.

Chapter II - Protection of Minors against Alcoholic Beverages, Beer and Tobacco

Article 4 - Protection of minors against alcoholic beverages, beer and tobacco

1. The following shall be prohibited:

a) sale of alcoholic beverages, beer and tobacco to minors;

b) sale of alcoholic beverages, beer and tobacco to minors;

c) sale of alcoholic beverages, beer and tobacco in educational, educational and fostering institutions, and within their premises.

2. The heads of respective institutions are obliged to display information in a visible place regarding the prohibitions of paragraph 1(a) of this article.

Chapter III - (Deleted)

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 5 - (Deleted)

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 6 - (Deleted).

Law of Georgia No 782 of 23 December 2004 - LHG I, No 5, 18.1.2005, Art. 21

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38
 

Article 7 - (Deleted).

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 8 - (Deleted)

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 9 - (Deleted)

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 10 - (Deleted)

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 11 - (Deleted)

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Article 12 - (Deleted)

Law of Georgia No 782 of 23 December 2004 - LHG I, No 5, 18.1.2005, Art. 21

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Chapter IV - Prohibition of the Work of Minors in Gambling Houses and of their Access thereto, Including their Access to Gaming Machines

Article 13 - Prohibition of the work of minors in gambling houses and their access thereto, including their access to gaming machines

1. It shall be prohibited to allow access of minors to gambling houses and to gaming machines.

2. It shall be prohibited to employ minors in gambling houses.

Article 14 - Rights and obligations of managers of gambling houses and owners of gaming machines

1. The managers of gambling houses and the owners of gaming machines shall have right to verify the age of those who enter the establishment, including the age of gamblers, provided that  human rights are fully protected.

2. The managers of gambling houses and the owners of gaming machines are obliged to display information regarding the prohibition under Article 13(1), in a visible place.

Chapter V - Restriction of the Access of Minors to Restaurants, Bars and Night Clubs, and the Prohibition of their Work therein

Article 15 - Restriction of the access of minors to restaurants, bars and night clubs, and the prohibition of their work therein

It shall be prohibited to:

a) allow minors into bars and night clubs from 23.00 to 8.00.

b) employ minors in restaurants, bars and night clubs.

Article 16 - Rights of the managers of bars and nightclubs

The managers of bars and night clubs shall have right to verify the age of those who enter the bars and night clubs by fully protecting human rights.

Chapter VI - Responsibility for Violation of the Law

Article 17 - Responsibility for violation of the Law

1. Violations of the requirements of this law shall entail civil and/or administrative liability.

2. In accordance with the Administrative Offences Code of Georgia, the Department of Youth Affairs of Georgia shall review and render decisions on violations of the requirements under Article 4(1)(c) and (2), Article 8, Article 9(2)(3), Article 11 (2)(4) and Articles13 and 15 of this Law.

2¹. In accordance with the Law of Georgia On Broadcasting, the Georgian National Communications Commission shall review violations of requirements under Articles 5 through 7 of this Law.

3. A parent or a legal representative of a minor shall have the right to apply to a court with a request to compensate for property and/or non-property damage resulted from violations of the requirements of this Law.

4. Response measures against broadcasters for violation of regulations provided for by this Law may be applied only within the self-regulation mechanism defined by Article 14(1) of the Law of Georgia On Broadcasting.

Law of Georgia No 782 of 23 December 2004 - LHG I, No 5, 18.1.2005, Art. 21

Law of Georgia No 4320 of 29 December 2006 - LHG I, No 2, 4.1.2007, Art. 38

Chapter VII – Transitional and Final Provisions

Article 18 - Transitional and final provisions

1. The President of Georgia shall be asked to submit to the Parliament of Georgia, within three months after the adoption of this Law,  a draft law on the addenda to the Administrative Offences Code of Georgia.

2. The Department of Youth Affairs of Georgia shall, within one year after the entry into force of the Law of Georgia on Broadcasting, elaborate:

a) Regulations On Maintaining the Register of Print Production Having a Bad Influence on Minors;

b) criteria for determining the print production having a bad influence on minors.

3. The Georgian National Communications Commission shall, within one year after the entry into force of the Law On Broadcasting, issue Regulations On Maintaining the Register of Films Having a Bad Influence On Minors.

4. Before Article 6(2) of this Law enters into force, the criteria for categories defined by Article 6(1) of this Law, shall be established by an order No 39 of 28 December 2001 of the Chairperson of the Department of Youth Affairs of Georgia On the Approval of Criteria for Determining the Films and Print Production Having a Bad Influence on Minors.

Law of Georgia No 782 of 23 December 2004 - LHG I, No 5, 18.1.2005, Art. 21

Article 19 - Entry into force of the Law

1. This Law shall enter into force from 1 January 2002.

2. Article 6 (2) of this Law shall enter into force upon the enactment of the Code of Conduct, adopted by the Georgian National Communication Commission, in accordance with the Law of Georgia On Broadcasting.

Law of Georgia No 782 of 23 December 2004 - LHG I, No 5, 18.1.2005, Art. 21

President of Georgia                                                                                                                   Eduard Shevardnadze

Tbilisi

28 September 2001

№1081-Iს