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

The professionals of the audiovisual advertising sector are grouped within a professional regulatory body for advertising, the Professional Regulatory Authority for Advertising (Autorité de régulation professionnelle de la publicité (ARPP)) , to establish a degree of self-discipline within their profession. Composed primarily of advertisers, communication and media agencies, the ARPP's mission is  …

A Priori Opinion of the ARPP  

The professionals of the audiovisual advertising sector are grouped within a professional regulatory body for advertising, the Professional Regulatory Authority for Advertising (Autorité de régulation professionnelle de la publicité (ARPP)) , to establish a degree of self-discipline within their profession. Composed primarily of advertisers, communication and media agencies, the ARPP's mission is to work “for fair, truthful and healthy advertising, in the interest of consumers, the public and advertising professionals”. Three bodies make up the ARPP to ensure the openness and transparency that the previous body, the BVP, lacked:

-	the Council of Advertising Ethics (Conseil de l'éthique publicitaire (CEP)), responsible for anticipating the professional and ethical problems posed by advertising and informing the Board of Directors of the ARPP;

-	The Joint Advertising Council (Conseil paritaire de la publicité (CPP)), responsible for enabling debate and dialogue between the associations and organizations of civil society and professionals, and informing the Board of Directors of the ARPP, through a public notice, of the expectations of the first;

-	the Advertising Standards Board (Jury de déontologie publicitaire (JDP)), responsible for publicly commenting on public complaints concerning advertisements.

The ARPP establishes advertising standards that it publishes in the form of recommendations. The members of the ARPP take these rules into account in the development and dissemination of their advertisements. To ensure compliance of the message with the rules in force, they may, before the finalization of their project, seek advice from the ARPP, which will then issue an opinion.

Television advertising receives special treatment, as television commercials are necessarily submitted for viewing to the ARPP, prior to their dissemination. The opinion of the ARPP can take three forms: “favorable”, “to modify” or “not to broadcast”. The professionals undertake to make every effort to respect the opinion of the ARPP .

In case of breach, the ARPP may consider situations on its own initiative and intervene with professionals at the origin of the dissemination by sending them, depending on the seriousness of the breach, a simple letter notifying the non-compliance and requesting them to stop broadcasting the advertisement in its current state, in a letter of formal notice proposing an amicable settlement through a non-public commitment to stop or modify the dissemination, or, in the most serious cases, a letter informing them of the disapproval of the ARPP and the fact that it will be made public by way of a press release sent to the media . The file can also be transmitted to the JDP when a complaint has been filed, or when the ARPP's letters to the professional remain unheeded.

The ARPP can also intervene following a complaint made to the JDP. Any individual or legal entity  can make a complaint to the JDP against an advertisement, actually broadcast in the three months preceding receipt of the complaint. Its jurisdiction is limited to non-compliance by commercials with the professional rules established by the ARPP or general principles contained in the Code on fair advertising and marketing communication practices of the International Chamber of Commerce . After review of the file, if the breach is not of a serious nature, an amicable settlement is found . If the amicable procedure fails, or if the seriousness of the breach so warrants, the complaint is submitted to the deliberation of the JDP, which may either dismiss the complaint when it finds compliance with professional rules, or note the breach by a reasoned decision. In the latter case, the board asks the Director General of the ARPP to modify or discontinue the advertising campaign, or to ensure that it is not renewed . In the event of a clearly serious breach that should immediately be stopped, the President of the ARPP may immediately take all necessary measures .

The decisions of the JDP are made public, by placing an insert on the website of the JDP, and, in the most serious cases, by the dissemination of a press release and publication of an insert containing the decision in the press .   

 Formerly the advertising audit office (Bureau de Vérification de la Publicité (BVP)).

 Art. 6, para. 1 and 2 of the rules of procedure of the ARPP, accessible at the following address: http://www.arpp-pub.org/IMG/pdf/ARPP_Reglement_interieur_consolide_.pdf

 Art. 6, para. 3, 1) of the Rules of Procedure of the ARPP.

 Art. 11 of the Rules of Procedure of the JDP, available at: http://www.arpp-pub. org/IMG/pdf/JDP_Reglement_Interieur.pdf

 Art. 3 of the Rules of Procedure of the JDP. 

 Art. 13 of the Rules of Procedure of the JDP.  

 Art. 16 of the Rules of Procedure of the JDP.  

 Art. 17 of the Rules of Procedure of the JDP.  

 Art. 21 of the Rules of Procedure of the JDP.  

French Consumer Law

107. A Priori Opinion of the ARPP

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Les notions juridiques connexes

107. A Priori Opinion of the ARPP

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise