FAQ - Social cohesion

No. Since May 20, 2016, the law modernizing our healthcare scheme of January 26, 2016, has prohibited all advertising for electronic cigarettes (apart from that present at points of sale).

Find out more about commercial communications

On January 3, 2013, the French Superior Audiovisual Council (now Arcom) defined a number of notices concerning the mention of social networks in television and radio programs.

The Authority accepts nominative reference to a social network when it indicates the source of a piece of information or a testimonial, as well as the public's referral to a social network if it is punctual and discreet, is not promotional in nature and is free of any strong incentive to connect.

On the other hand, the inclusion of a social network's name in the title of a program, and the display of a social network's trademarks or image factors and distinctive signs usually associated with it, are contrary to the ban on surreptitious advertising. In fact, social networks are trademarks operated by commercial companies, and therefore cannot be exempted from this prohibition under current legislation.

Find out more about commercial communications

The Authority demands that channels be vigilant about the presence of brand names on air, but does not demand that they be blurred: it is not the display of a brand name that is prohibited by the regulations, but its presentation for advertising purposes, a practice that constitutes surreptitious advertising. When the presence of trademarks is justified by the requirements of an exclusively informative documentary, it is perfectly acceptable and in no way requires blurring. On the other hand, any unjustified highlighting of a product, service or brand must be avoided.

However, since product placement is now authorized in cinematographic works, drama serials and music videos, products and their brands may legally appear in these programs, under conditions defined by law and by Council deliberation.

Find out more about commercial communications

Article 14 of the law of September 30, 1986, as amended, entrusts the Authority with the task of controlling the purpose, content and programming methods of commercial communications shown by audiovisual communication services. As with other programs, this control is exercised not before, but at the time of, diffusion.

In the case of televised commercials, the ARPP (Autorité de régulation professionnelle de la publicité) carries out pre-broadcast control, while in 1992 the Council opted for a posteriori control, in line with the principle of the broadcaster's editorial freedom and responsibility.

Find out more about commercial communications

ARPP's role and missions

Yes, comparative advertising is permitted on television, provided it complies with certain strict rules the Consumer Code (articles L. 121-8 to L. 121-14).

It is legal if :

- It is not misleading or likely to mislead;

- It concerns products or services meeting the same needs or pursuing the same objective;

- It objectively compares essential, verifiable and relevant characteristics (e.g. price).

It must not denigrate a competitor, create confusion, take unfair advantage of a trademark or imitate a protected product.

Please note: if a product benefits from a protected appellation of origin or geographical indication, comparison is only authorized with products enjoying the same protection.

For more information, browse the March 27, 1992 decree on advertising, sponsorship and teleshopping.

Browse the decree of March 27, 1992 on advertising, sponsorship and teleshopping.

Decree no. 94-972 of November 9, 1994 introduced the possibility of showing local advertising messages for radio stations broadcasting a program of local interest lasting a minimum of three hours a day, between 6 a.m. and 10 p.m., in an area of less than six million inhabitants. This possibility has been opened up to radio stations whose vocation is to be part of the local landscape by offering a program of local interest.

The following therefore have access to local advertising

• Category A radio stations, associative services eligible for the Fonds de soutien à l'expression radiophonique, whose commercial income from advertising or sponsorship messages shown on air represents less than 20% of their sales. These radio stations are intended to be local, community, cultural or school radio stations. They must devote at least four hours a day between 6 a.m. and 10 p.m. to programs of local interest;
• Category B radio stations, independent local or regional services that do not show a nationally identified program and whose coverage area has a population of less than six million. These independent services, which do not show an identified national program, are characterized by the presence, in their broadcasts, of a program of local interest lasting at least four hours a day between 6 a.m. and 10 p.m., excluding advertising.
• Category C radios, local or regional services showing the program of a national theme network whose coverage area does not exceed six million inhabitants. These services are characterized by the daily diffusion of a program of local interest and, in addition, an identified program provided by a thematic network with a national vocation. The daily duration of the local-interest program may not be less than three hours, excluding advertising, between 6 a.m. and 10 p.m.
• Category C radio stations, local or regional services showing the program of a national theme network whose coverage area does not exceed six million inhabitants. These services are characterized by the daily diffusion of a program of local interest and, in addition, an identified program provided by a thematic network with a national vocation. The daily duration of the program of local interest may not be less than three hours, excluding advertising, between 6 a.m. and 10 p.m.

The agreement signed by the operator with Arcom sets out the characteristics of the local-interest program, its nature and its duration.

The local-interest program must be produced locally by local people or services directly remunerated by the licensee. It must include local news programmes, local service programmes or programmes devoted to local expression or life, radio dramas and musical programmes whose composition or animation is of a local nature, as well as all programmes produced and diffused locally by the operator for educational and cultural purposes.

Advertising is an essential source of funding for the economic development of TV channels, enabling them to finance new programs.

However, the amount of time devoted to advertising on TV is governed by a number of legal texts: the decree of March 27, 1992 on the rules applicable to advertising and sponsorship (article 15), the mission statement and specifications of public TV channels, and the agreements of private channels. These texts specify the limits within which advertising messages may be programmed.

Arcom ensures that channels comply with these limits. Largely financed by the contribution to public audiovisuel (the new name for the licence fee), public channels (France 2, France 3, France 4, France 5, in particular) are not authorized to use advertising to the same extent as private channels: on France 2 and France 3, for example, advertising may not exceed an average of six minutes per hour, with a maximum of eight minutes in any given hour. Advertising is prohibited after 8 p.m. (only sponsorship and generic advertising are allowed). On private channels, the average daily duration of commercials is nine minutes per hour, but these channels can show up to twelve minutes of advertising in any given hour.

Following consultation with broadcasters and the professional organizations concerned, Arcom has adopted a resolution setting out precise technical procedures for improving listening comfort, as well as a timetable for channels and producers. The resolution aims to enable broadcasters to control the loudness of the programs and commercials they show.

Since January 1, 2012, the variation in loudness when switching from a program to an advert has been regulated. From now on, these variations may not exceed a ceiling considered to be that of hearing discomfort for viewers. Nor will this variation necessarily be zero, for example between the end of a quiet program followed by a commercial.

Arcom will continue its discussions with the technical teams of the channels concerned.

To find out more about the volume of TV commercials

Gaming on television is legal as long as it is completely free of charge for the participant. Telephone calls or other stamp charges must be reimbursed on demand.

Arcom has already observed that incentives to summon premium-rate telephone or telematic services, particularly in order to take part in a competition, are increasing on air, and has therefore addressed the channels to remind them of the following principles:

• outside their advertising screens, channels may refer viewers to their Audiotel and Télétel services, and to their Internet sites, on an ad hoc and discreet basis, provided that such referrals are a direct extension of the program currently being broadcast.
• the cost of calls must appear permanently on the screen in characters identical to those used for telephone contact details, to ensure that viewers are fully informed.

However, Arcom has no legal authority to intervene in disputes between a channel and its viewers. You can, however, lodge a complaint with your local police station.

Arcom has no legal authority to intervene in disputes between a channel and its viewers. You can, however, lodge a complaint with your local police station.

Since January 5, 2009, France Télévisions channels (with the exception of France 3 Régions, where the diffusion of commercials is authorized by article 53-VI of the law of September 30, 1986) must no longer show commercials from 8pm to 6am. Viewers, for the most part satisfied with this reform, are nonetheless surprised by the presence after 8 p.m. of sequences they consider to be advertising.

These are in fact general interest messages (as part of government information campaigns on subjects such as road safety and the fight against alcoholism, as well as messages from charitable organizations), generic advertisements (to promote apples, dairy products, etc.) or mentions of program sponsorships.

These three categories of messages are not affected by the reform of public channels, and can therefore continue to be shown.

A decree dated March 27, 1992 lays down the rules governing advertising, sponsorship and teleshopping, applicable to all TV channels. According to this decree, advertising is any form of televised message shown in return for payment, with the aim of promoting goods or services, or of ensuring the commercial promotion of a company, an artificial person or an individual. Sponsorship, on the other hand, means any contribution made by a company, artificial person or natural person to the financing of television programs to promote its name, brand, image or activities.

The decree requires that sponsored programs be clearly identified as such. It is these sponsorship mentions, present in the program credits and recalled in the trailers, which are sometimes confused with advertising.

Browse the decree of March 27, 1992 on advertising, sponsorship and teleshopping.

The Act of March 5, 2009 on audiovisual communication and the new public television service gave TV channels the option of two advertising breaks during the diffusion of a cinematographic or audiovisual work. The aim of this provision is to ensure a better flow of advertising as part of the reform of public audiovisuel, by bringing our national law into line with European legislation.

Concerned to preserve viewer comfort, Arcom has specified the terms of application of this scheme, requiring that a period of at least twenty minutes be observed between two successive interruptions, whether of a cinematographic or audiovisual work (whether or not constituting a series, soap opera or documentary) or a programme for younger viewers.

In addition, the advertising break in a cinematographic work may not exceed 6 minutes.

However, the diffusion of an audiovisual or cinematographic work by France Télévisions, and that of a cinematographic work by cinema television services, may not be subject to any advertising interruption.

These campaigns are organized on public service media by a Prime Ministerial circular, the latest version of which dates from September 20, 2010 (JO of September 22, 2010).

Their diffusion on advertising screens is mentioned in article 14 of the decree of March 27, 1992 on advertising, sponsorship and teleshopping. Their airtime is not taken into account by Arcom in its control of the maximum duration of advertising screens shown by channels.

The letter P in the bottom right-hand corner of the TV screen means that the program being shown uses product placement. Under the provisions of the current European directive, product placement is defined as any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or a brand, by inserting it in a program, in return for payment or for similar consideration (article 1 (m) of directive 2010/13/EU).

The Authority defined the terms and conditions of use, as well as the procedures for informing viewers, in a deliberation adopted on February 16, 2010 (and amended by a deliberation of July 24, 2012).

Television services, production companies and advertising or product placement agencies regularly ask the AMF to comment on the regulations in force, particularly with regard to the conditions governing the form of product placement and the AMF's criteria for assessing whether a sequence qualifies as surreptitious advertising.

The Syndicat des producteurs indépendants (SPI), followed by the Guilde des scénaristes, Groupe 25 Images and the Confédération des producteurs audiovisuels (CPA), referred the matter to the Autorité for the production of a practical document on these topics. They attached to their submission of a case before the court a list of questions relating to situations faced by producers and authors.

To accompany the answers to these questions, it is useful to recall the Authority's doctrine on surreptitious advertising, as well as the schemes set out in the deliberation of February 16, 2010, amended by that of July 24, 2012, relating to product placement in the programs of television services.

Reminder of the rules prohibiting surreptitious advertising

Advertising is said to be surreptitious when goods, services or brands are presented outside advertising screens for advertising purposes, i.e. not to inform, but to promote. Article 9 of decree no. 92-280 of March 27 1992 stipulates that :

Surreptitious advertising is prohibited. (...) surreptitious advertising is the verbal or visual presentation of goods, services, the name, trademark or activities of a producer of goods or a provider of services in programs, when this presentation is made for advertising purposes.

This practice is regularly sanctioned by Arcom.

The AMF does not have to provide evidence that the promotion was carried out intentionally or in return for payment. It is up to the Authority to assess the various practices detected on the airwaves on a case-by-case basis, and to intervene if any of them appear to be in breach of the rules set out above.

She has an array of clues at her disposal for this purpose, including the absence of plurality in the presentation of goods, services or brands, the indulgence shown towards a particular product, the frequency with which the product or brand is quoted and/or displayed, or the absence of any critical eye. Other criteria may be applied from time to time.

So not every listing of goods or services in a program constitutes surreptitious advertising. This qualification comes under the control of the way in which the product, service or brand appears.

Finally, it should be remembered that the AMF is not competent to prejudge the conformity of a program before it is shown. The following indications are subject to the Authority's assessment on a case-by-case basis.

In the situations presented below, which are examples of drama scenes, it is considered that no product placement contract has been concluded:

• Generally speaking, during exterior shots at street events, for example, or in a car or on public transport, are brands or products present outdoors without this being the subject of a contract and a commercial exchange prohibited?

Brand blurring doesn't seem necessary in this type of situation, as long as the brands are only glimpsed and a certain plurality is ensured. This applies to both documentary and drama, the latter being more concerned with realism. The fact that a few marks are glimpsed in exterior shots seems to be a strict reflection of reality. However, it should be pointed out that the visible marks and products must appear briefly and unrepeatedly, and that this type of shot must be well justified by the script.

• Similarly, in a documentary on the world of sport :
  • we follow the training of athletes with their equipment, in which a certain number of logos appear, without this being the subject of a commercial exchange;
  • we film the Tour de France (without any commercial exchange with the various sponsors present at the event). How do we deal with these brand visualizations and quotations?

In the first case, if brands are clearly identifiable on screen, there is a risk of surreptitious advertising. Nevertheless, the Autorité is aware that it is difficult to avoid the display of brand names on athletes' outfits in this type of documentary. It therefore assesses each case individually.

In the case of the Tour de France, the visualization of brand names is permitted on the riders, as well as during shots of the Tour caravan, since it is not possible to film this sporting event without showing the riders dressed in the colors of their sponsors. Nevertheless, their appearance on air must not be self-indulgent, and must be presented in a plurality. In addition, the Autorité pays close attention to the content of the comments made, which must not be promotional in nature.

• In a historical documentary on Coco Chanel, the Peugeot family, the Taittinger family, etc., what are the rules that allow us to consider that we are not in a situation of surreptitious advertising?

Some documentaries focus on the history of industrial or artistic families whose awareness is high among TV viewers. The name of these families is often associated with that of a commercial brand. These documentaries are generally devoted to the history of these families, and not to the characteristics of the products or services marketed by their brand. Any listing of goods or services in news programmes is not ruled out, as long as it is informative and critical. The Authority remains vigilant about the content of this type of documentary, which must be informative and free of any self-indulgence. There can be no promotional dimension, as this would constitute surreptitious advertising.

With regard to the mention of an alcohol brand, the broadcaster must be aware of the risk of contravening the French Public Health Code. The latter prohibits any advertising or propaganda for alcoholic beverages on television.

• In a documentary on plants, the waterproof properties of the lotus leaf are explained and used, for example, to develop a waterproof paint, the brand of which is quoted and a can of paint shown with the words"lotus effect". As this is a documentary, there is of course no commercial exchange.

The fact that this brand of paint is exhibited in such a way could make it identifiable to viewers, both in terms of the quotation of the brand and the visualization of the product. Another problematic factor seems to be the absence of any mention of another competing brand. A self-indulgent presentation of this paint brand would be likely to constitute surreptitious advertising. The AMF would therefore be justified in intervening.

• In a documentary, prisoners are filmed inside their cells, with a jar of chicory and the brands and logos of hot drinks, as well as the brands of clothing worn by the prisoners, appearing on the screen.

In the case shown, blurring does not seem necessary if the brand logos are discreet and not in close-up. However, if the presence of brand names is too pronounced, even if a certain plurality is ensured, the AMF would be justified in intervening on the grounds of surreptitious advertising. As a reminder, while blurring is a practice regularly used by TV channels, the AMF does not necessarily impose this solution.

Rules governing product placement

A product, service or brand may be featured as part of a product placement. Since 2009, this practice has been authorized in cinematic works, audiovisual dramas and music videos (except when intended for children), under the conditions defined by the Authority's deliberation of February 16, 2010 (amended on July 24, 2012). Product placement has made it possible to bring greater realism to works and creative freedom to authors.

The situations presented below are likely to involve product placement:

• In a drama, the brand name of a baby bouncer appears. Does this contravene child protection rules?

A baby bouncer brand can use product placement in an audiovisuel drama, unless the program is aimed at children. In this case, it will be necessary to ensure compliance with the rules laid down in the Authority's deliberation on product placement.

If there is no product placement contract, we must remain vigilant about the risk of surreptitious advertising for this brand. For example, the brand name and/or logo may only appear discreetly, briefly and unrepeatedly.

• How do you deal with the issue of brands in a drama set entirely in a service station?

This can be a tricky project. However, it is possible to use product placement, taking care to respect the conditions laid down in the deliberations of the Autorité, which make provision for programs that include product placement not to be influenced in such a way as to undermine the responsibility and editorial independence of the publisher, not to directly encourage the purchase or rental of third-party products or services, and in particular not to include promotional references and not to unjustifiably highlight the products or services placed.

In the case of a product placement in a drama set in a commercial location such as a gas station, it is advisable to remain particularly vigilant to ensure that this brand is not omnipresent in the work, both in terms of visual references and oral mentions.

• A killer on the run buys a newspaper at a newsstand. In one shot, we see the front page of Le Parisien, with the man's photo and the headlines.

Such a staging of this newspaper title, without its unjustified prominence, could be acceptable in the context of a product placement, subject to compliance with the conditions set out in the Authority's deliberation of February 16, 2010, as amended.

Outside product placement, where appropriate, this scene could be classified as surreptitious advertising.

• In a drama, in the case of a tailing scene after a robbery. A policeman radios a report to his colleagues: the suspect has changed cars, and is now driving a black Citroën, license plate 92.

Replacing a brand name with a generic product designation (e.g. "black sedan" instead of "Citroën") is not compulsory, and must be assessed on a case-by-case basis by the drama's director, in order to strike the right balance between the risk of surreptitious advertising and the need to avoid making the scene artificial.

However, it is also possible for this drama to include product placement on behalf of car manufacturer Citroën, subject to compliance with the rules set out in the Authority's deliberations on the subject.

• A high-school student in love is looking for a girl he met at a party. He finally finds her on the Internet, and the youngsters' Facebook profile is, for the duration of a shot, visible on screen.

In the situation presented, if the wall of the Facebook page is merely recognizable, this seems acceptable for the sake of the drama's realism, and does not contravene the ban on surreptitious advertising. On the other hand, if the Facebook page (which includes the brand name and/or the distinctive signs usually associated with it, such as the logo, website graphics, etc.) is displayed for several seconds, this could be considered as surreptitious advertising.

Product placement can also be used.

Sponsorship refers to the contribution made by a company, artificial person or individual (outside the audiovisual field) to the financing of an audiovisual program in order to promote its name, brand, image, activities, products or services (cf. Article 17 of the decree of March 27, 1992).

News broadcasts and political news programmes are not eligible for sponsorship.

Only one program may be sponsored, and sponsorship may not involve different sections within the programs. However, Arcom does allow weather reports to be sponsored within programs, to the exclusion of news broadcasts and political news programmes.

Furthermore, in line with the Evin law, television programs may not be sponsored by companies specializing in the manufacture or sale of alcoholic beverages or tobacco products.

To find out more about sponsorship conditions

In terms of public protection, Arcom's role covers the audiovisuel and digital fields. Poster advertising does not fall within the competence of Arcom.

We advise you to contact the Autorité de régulation professionnelle de la publicité (ARPP). If you wish to react to an advertisement, we invite you to lodge a complaint on the Jury de Déontologie Publicitaire website by following this link.

Unlike linear TV channels, replay is not subject to the same restrictions on program interruption and advertising volume.

However, certain programs such as news broadcasts, news magazines, religious programs and children's programs, which last less than thirty minutes, may not be interrupted by advertising. Catch-up TV services must also comply with certain rules concerning the truthfulness of advertising, respect for consumer interests, the prohibition of surreptitious advertising and the use of the French language.

When it comes to protecting youngsters, Arcom's remit covers the audiovisuel and digital sectors. Supervision of diffusion in cinemas does not fall within the competence of Arcom.

You can send your comments and find full details of the age classification of films and trailers on the website of the Centre national du cinéma et de l'image animée (CNC) by following this link.

Arcom has set an obligation for TV channels not to show erotica or incitement to violence between 6am and 10.30pm.

A scheme for classifying works has been set up and integrated into the conventions and specifications of the channels, the "signalétique jeunesse". At the same time, Arcom has demanded that each channel set up a broadcast committee responsible for program classification.

To protect children and teenagers, Arcom has adopted the principle of shared responsibility, involving :

• editors, who are responsible for classifying content and fulfilling their commitments
• families and educators, who are responsible for ensuring compliance with the "youth" label and providing support for persons under 18

Arcom itself, which monitors content classification and compliance with commitments, and raises awareness of the impact of violent or shocking programs on youngsters.

Signage for young people is the key tool in the scheme created by Arcom to protect young people and persons under 18.

Since 2002, this scheme has required channels to display a pictogram indicating the age at which a program may be viewed: all audiences, -10, -12, -16 and -18.

Arcom has defined the program categories corresponding to each age segment, and set the conditions for programming them(notice of June 7, 2005, on the signage for younger viewers and program classification).

Certain program categories are subject to diffusion schedule constraints.

To find out more about youth programming labelling.

Arcom acts either on its own initiative or on the basis of a complaint, always after the show has been broadcast.

When a program does not appear to be suitable for all audiences, Arcom teams open an investigation file.

Arcom examines complaints from viewers and associations, as long as they mention the name of the channel, the time of diffusion or the title of the program. These complaints may lead Arcom to intervene with the channel concerned.

Arcom always takes action after the fact. Its effectiveness has been recognized: for future diffusions, the channels modify their programming schedules or the choice of pictograms for the signage, in line with the observations sent to them.

In its deliberation of February 10, 2004, Arcom made provision for a ban on the diffusion between 6 a.m. and 10.30 p.m. of programs likely to offend the sensibilities of under-16s. Pornographic or extremely violent programs, for their part, are subject to a total ban on diffusion, due to the absence of a technical scheme to ensure that, in the case of radio stations, only adults can access them.

Browse the deliberation of February 10, 2004 on the protection of persons under 18 on the radio.

There are many digital parental control tools available to limit the risk of exposure to pornographic images.

Most often, this involves an application or software program that automatically detects unsuitable content and prevents access to pornographic sites. This tool can be installed :

• On the child's device.
• On the family device.

It is activated and configured by the parents and protected (from deactivation or parameterization) by a password. In most cases, these tools will also enable you to disable access to other content unsuitable for persons under 18 (e.g., violent content, gaming sites, etc.), or to set maximum duration or time slots for use of a device.

Where can I find them?

There are many free and paid parental control supplies available online. The easiest way is to use the tools provided by your mobile or Internet operator, or those integrated into the operating scheme of your child's device.

Parental control tools are available for all the media and equipment your child uses, from tablets to smartphones and computers, and are adapted to your child's age.

Arcom (French regulatory authority for audiovisual and digital communication) is responsible for ensuring that audiovisual media reflect the diversity of French society. This mission stems from the law of September 30, 1986, amended in 2006, which requires TV channels and radio stations to contribute to a better representation of social, ethnic, cultural, generational and disability-related diversity.

The aim is to fight stereotypes, promote inclusion and enable everyone to recognize themselves on screen, whatever their background or origin.

Every year, Arcom produces an annual diversity report. This study is based on an analysis of over 2,500 hours of programming, mainly shown during prime time on the main national channels. In particular, the Authority evaluates the representation of people according to criteria of perceived origin, gender, age, disability, as well as their on-screen role (lead actor, secondary actor, expert, witness, etc.).

Arcom then publishes its findings in a report submitted to Parliament, making it possible to measure progress - or delays - in terms of representation and inclusion.

Yes, Arcom adopted a resolution in 2009, amended in 2015, setting out a managerial framework for audiovisual editors' commitments. The latter must take concrete steps to improve the representation of diversity in all their programs: drama, documentaries, magazines, news broadcasts, etc.

Channels are invited to evidence plurality in their choice of contributors, diversify the profiles visible on screen, avoid stereotypes and promote the expression of all components of French society.

In 2014, Arcom signed a charter for the integration of disabled people in the audiovisual media, with the main players in the sector. This charter aims to promote their access to training, employment and on-screen visibility.

It encourages employers to hire people with disabilities, train them in audiovisual professions and ensure that they are represented in the content they show, in the same way as any other citizen.

Yes, Arcom provides a wide range of educational tools to support audiovisuel professionals, teachers, students and the general public. These resources aim to provide a better understanding of the challenges linked to diversity and inclusion, through educational materials, workshops and guides.

This approach is in line with Arcom's commitment to promoting media literacy, information literacy and digital citizenship, by raising awareness of the impact of representations conveyed on television, radio or digital platforms.