In France, advertising is governed by both statutory laws and self-regulatory bodies. The primary legal framework includes:
Consumer Code: Covers deceptive and misleading advertising, comparative advertising, and imposes the use of French language (loi Toubon) in advertisements.
Intellectual Property Code: Handles trademark and copyright protection related to advertising.
Civil Code: Protects individuals’ image and privacy in advertising contexts.
Self-Regulation: The French Advertising Self-Regulation Organization (ARPP) plays a significant role in setting ethical standards and pre-clearance of ads, particularly for broadcast media.
Key Regulations
Email Advertising: Requires prior consent of the recipient unless specific exceptions apply.
Substantiation Requirement: All claims in advertisements must be substantiated. Misleading commercial practices are subject to legal sanctions.
Privacy and Publicity Rights: Use of an individual's likeness in advertising without consent is prohibited, respecting personal privacy under the Civil Code.
Specific Product Regulations: Strict rules govern advertising for alcohol (following the Loi Evin), pharmaceuticals, and certain other products.
Comparative Advertising: Permitted when it involves products meeting the same needs and comparisons are factual and verifiable.
Enforcement
The ARPP can advise, require modifications, or even prevent the broadcasting of advertisements that do not comply with its recommendations. The ARPP also handles complaints and ensures compliance through its monitoring and review processes .
This regulatory environment requires careful attention to the legal standards and compliance with both national laws and self-regulatory guidelines to ensure advertising campaigns in France are lawful and ethical.
