Code of conduct for the broadcasting of sporting events with advertising panels for alcoholic beverages

In July 2004, the Court of Justice of the European Communities validated the "code of good conduct" laying down the principles governing the broadcasting on French TV channels of sporting events featuring billboards advertising alcoholic beverages. This document had been adopted on March 28, 1995 under the joint auspices of the Ministry of Youth and Sports and the French Superior Audiovisual Council, and was subsequently amended three times, in October 1999, November 2000 and July 2001.

At the end of 1994, the French Superior Audiovisual Council noted that, during the retransmission of sporting events held abroad, the practice of putting up signs around sports fields promoting alcoholic beverages marketed exclusively or mainly in France was becoming widespread. The producers of these alcoholic beverages were clearly trying to promote their products to the French public by taking advantage of the broadcasting in France of events taking place in other countries.

Considering that this was a fraudulent practice designed to circumvent the legislation governing television advertising of alcoholic beverages, the Conseil held discussions with television service editors broadcasting sporting events, advertisers, and the Ministries of Youth and Sports, Communication and Health, culminating in the consensual adoption of a "code of good conduct" on March 28, 1995.

Drawn up under the joint auspices of the Ministry of Youth and Sports and the French Superior Audiovisual Council, the document aims to reconcile the protection of public health with the public's right to information, by guaranteeing legal certainty as far as possible for the broadcasting of sporting events taking place in venues featuring a scheme for advertising alcoholic beverages.

In application of the code of good conduct, French television service editors have on certain occasions asked the organizers of sporting events taking place abroad to obscure any advertising for alcoholic beverages displayed in the stadiums. These interventions gave rise to a dispute before the European Court of Justice (ECJ) initiated by the European Commission.

In response to complaints arising from breaches of contract between advertisers and organizers of sporting events, the Commission asked the Court to rule that the French regime was incompatible with Community law, in particular the Television without Frontiers Directive and the principle of freedom to provide services guaranteed by the EC Treaty.

In a ruling handed down on July 13, 2004, the ECJ noted, firstly, that advertising on billboards in sports arenas did not constitute advertising within the meaning of the Television without Frontiers Directive.

Secondly, although it found that the French regime did indeed constitute a restriction on the freedom to provide services, the Court accepted that it was justified insofar as it pursued an objective relating to the protection of public health, and that it did not go beyond what was necessary to achieve that objective.

Consequently, the ECJ validated the code of good conduct reproduced below.