French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Article 8 of Decree No 92-280 prohibits television advertising for the benefit of cinema. This prohibition responds to the concern to preserve the cultural diversity of the sector faced with the high costs of advertising spots on national channels . Advertising for the cinema sector carried out in breach of Article 8 is surreptitious advertising. Arcom (formerly the CSA) qualifies as advertising f …

Advertising for the cinema sector

Article 8 of Decree No 92-280 prohibits television advertising for the benefit of cinema. This prohibition responds to the concern to preserve the cultural diversity of the sector faced with the high costs of advertising spots on national channels . Advertising for the cinema sector carried out in breach of Article 8 is surreptitious advertising. Arcom (formerly the CSA) qualifies as advertising for the benefit of cinema advertisements for a film being shown in cinemas or about to be  and advertisements for products derived from a film (video game, soundtrack, figurine, etc.) at the time of its cinema release . Article 15-1, paragraph 2, provides for a derogation from this prohibition for programs subject to specific access conditions on movie channels broadcast by cable, satellite or terrestrially. Also, promotional campaigns urging viewers to go to the cinema do not constitute prohibited advertising, when they contain no reference to a film being shown in cinemas or to an operator. Finally, the presentation of a film, within the framework of a television program, is admitted by Arcom, when this presentation has no promotional objective but is intended to report on the latest cultural events. Such is the case, according to Arcom, when a person involved in the production of the work is present on the set, or other works are also presented .

In addition, the video cassettes and videodiscs sector may be subject to television advertising, provided that a period of four months has elapsed between  the granting of the visa to exploit the film and its exploitation in the form of a video cassette or videodisc . If a film was the subject of a restriction of access to some categories of the public, the advertisement must indicate this and be broadcast in accordance with the times of protection of young audiences implemented by Arcom .

The advertising rules in the cinema sector, which was severely affected by the Covid-19 pandemic, have recently been relaxed. Thus, by derogation to Article 8 of Decree No 92-280, and in order to encourage the  spectators to return to the cinema, Article 3 of Decree No 2020-983 of 5 August 2020  permits, as of its entry into force, and for a period of eighteen months, publishers of services other than pay-TV cinema channels and on-demand audiovisual media services implicitly referred to in Article 15-1 of Decree No 92-280, to broadcast advertising messages concerning the cinema sector. “In order to decide on the appropriateness of making this provision permanent”, Decree No 2020-983  requires the government to publish a report within fifteen months of its entry into force, measuring the impact of this temporary measure on film distribution and cinema attendance. The report will evaluate “the diversity of cinematographic works that have benefited from advertising messages, in particular at prime time periods, with regard to the production budget, the language of expression and, for French films, the proportion of pre-funded films” and will include “an assessment of the promotional practices implemented by the publishers of the services and their advertising departments”. It will also report on the impact of this temporary authorization on radio stations, the print media and billboard undertakings.

 See the brochures of the CSA, Advertising, sponsorship and teleshopping on television and radio, January 2008, http://www.larp.fr/dossiers/wp-content/uploads/2010/10/CSA-Publicit%C3%A9- parrainage-et-t%C3%A9l%C3%A9achat-Janvier-2008.pdf

 See CSA, 15 June 2004, giving notice to France 3 to comply with the regulations on surreptitious advertising, LawLex200500005737JBJ, on the promotion during a television program of a cinematographic work, on the occasion of its release.

 CSA, 12 June 2001, LawLex200300001719JBJ.

 CSA Recommendation of 4 July 2006 on the presentation on television of cinematographic or audiovisual works, video games and telephone or telematic services or websites which are prohibited to minors. Advertisements for videograms of cinematographic or audiovisual work prohibited or not suitable for those under the age of 12 must not be broadcast either during programs for children or in the 10 minutes preceding or following these programs; when they relate to videograms of cinematographic or audiovisual works prohibited or not suitable for those under the age of 16, the advertising spots cannot be broadcast before 8:30 pm; finally, advertisements for videograms of cinematographic or audiovisual works prohibited or not suitable for those under the age of 18 can only be shown between midnight and 5:00 am.

French Consumer Law

100. Advertising for the cinema sector

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100. Advertising for the cinema sector

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise