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 18, III, paragraph 3 of Decree No 92-280 lays down an exception to the prohibition on the use of the goods or services of a sponsor of a program to identify it as such in favour of game or contest shows. In this type of program, the goods or services of the sponsor may be given to individuals free of charge as prizes . However, the award of the prize must not be accompanied by any advertis …

Game or contest shows

Article 18, III, paragraph 3 of Decree No 92-280 lays down an exception to the prohibition on the use of the goods or services of a sponsor of a program to identify it as such in favour of game or contest shows. In this type of program, the goods or services of the sponsor may be given to individuals free of charge as prizes . However, the award of the prize must not be accompanied by any advertising pitch.

A circular letter of the CSA of 24 July 1995  outlines this exception. The concept of game show is defined, on the one hand, as a program in which candidates physically present on the set participate, and, on the other hand, as an interactive program, the conduct and content of which are influenced, in live conditions, by viewers . Similarly, a contest shows is a program, which is not interactive, in which only the viewers take part . The circular specifies that game and contest shows must be clearly identified as such in the opening and closing credits.

The CSA also lays down the conditions for the award of prizes within the framework of a game or contest show :

-  only the goods or services of the sponsor can be awarded as prizes ;

-  goods or services not originating from the sponsor can be awarded provided that their brand is neither visible nor mentioned;

-  the award of prizes must not be accompanied by any advertising pitch, or incitement to buy.

Games broadcast within standard programs can also benefit from the exception provided for game shows  when the game sequence corresponds to the definition of game show contained in the circular and the prizes awarded come from advertiser-sponsors of the program.

However, a contest sequence broadcast within a standard program cannot be assimilated to a contest show. In this case, the prizes awarded must be announced, in an ad hoc and unobtrusive manner, as from the sponsor of the program . However, a contest broadcast within the framework of a module attached to a standard program can be assimilated to a game or contest show  if the contest module has opening and closing credits, the questions asked relate to the program and if the module is sponsored by the same advertiser as the program.

 See CSA, 18 April 2001, LawLex200300001823JBJ.

  Circular letter of the CSA on the award of prizes in game or contest shows, 24 July 1995.

   See CSA, 20 March 2007, LawLex201200001146JBJ, giving notice to Antenne Réunion.

   See CSA, 18 April 2001, LawLex200300001823JBJ, holding that the visualization of the sponsor's products, offered by it as prizes, is reserved for programs specifically devoted to games and contests, and cannot be shown during an ordinary program.

French Consumer Law

104. Game or contest shows

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

104. Game or contest shows

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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