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Sharing private photos in Georgia — Articles 157, 157¹

Unlawfully obtaining, keeping or spreading information about someone's private life or their personal data is a crime under Article 157 where it causes significant harm. Violating the secret of private life — intimate photos, for example — is a more serious crime under Article 157¹ and is punished even without harm. Spreading it on social media makes the penalty harsher.

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Possible penalties

WhenPenalty
157 — obtaining, keeping or spreading private information or data (with significant harm)A fine, corrective labour up to 2 years, or up to 3 years in prison
157 — the same, via the internet or social mediaA fine, corrective labour or up to 4 years in prison
157¹ — obtaining, keeping or spreading the secret of private lifeImprisonment from 4 to 7 years
157¹ — the same, via the internet or social mediaImprisonment from 5 to 8 years
157¹ — for gain or repeatedlyImprisonment from 6 to 9 years
157¹ — by a person obliged to protect the secret, or by abusing one's positionImprisonment from 7 to 10 years

Penalties follow the current text of the Criminal Code of Georgia. In a specific case the outcome depends on the circumstances, compensation of damage, a plea agreement and other factors.

What matters for the defence

  • What the information is — a secret of private life (157¹) or other private information (157)
  • Whether obtaining or sharing was really unlawful — for example, with consent
  • Who spread it — accounts, devices, digital traces
  • Under Article 157 — whether there was significant harm

If you are accused or arrested

  • Use your right to remain silent and ask for a lawyer — from the first contact with the investigating authority
  • Don't sign any document you don't understand
  • You must be charged within 48 hours of arrest, and within the next 24 hours a court decides on a preventive measure
  • Decide on compensating the damage or settling with the victim together with your lawyer

If you are a victim

  • Call 112 or go to the police or the prosecutor's office
  • Keep the evidence: photos, video, messages, receipts, witnesses' contacts
  • Ask for victim status — it gives you rights in the case, for example to be informed about its progress
  • You can claim compensation for the damage — a lawyer will help

Questions & answers

Someone threatens to post my intimate photo — what should I do?

Don't pay and don't delete the messages. Keep the evidence and go to the police: threats, extortion and spreading the secret are separate crimes. A lawyer will also help get the content removed.

What is the penalty for sharing private photos?

For spreading a secret of private life — 4 to 7 years, via social media — 5 to 8 years, for gain — 6 to 9 years.

Is making a secret recording a crime too?

Recording or eavesdropping on a private conversation without permission is punished under Article 158. There is an exception if the recording was handed to investigators with information about another crime.

Legal basis

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

Related practice area: Cybercrime

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