Deliberation of February 16, 2010 on product placement in television programs, amended by the Deliberation of July 24, 2012.

Deliberation no. 2010-4 of February 16, 2010 on product placement in television programs (Journal officiel of March 5, 2010)
modified by :
Deliberation no. 2012-35 of July 24, 2012 (Official Journal of August 7, 2012)

Article 3g of Directive 2007/65/EC of the European Parliament and of the Council of December 11, 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities ("Audiovisual Media Services Directive") establishes the principle that product placement is prohibited on all audiovisual media services. However, unless the Member State decides otherwise, this practice is permissible in certain restrictively listed cases.
The French legislator has decided to make use of this possibility. Article 14-1 of law no. 86-1067 of September 30, 1986 on freedom of communication, as amended by law no. 2009-258 of March 5, 2009, gives the French Superior Audiovisual Council the task of setting the conditions under which the programs of audiovisual communication services may include product placement.
To this end, the Conseil consulted widely with the professionals concerned, through a series of hearings. These meetings made it possible to gauge the expectations and fears raised by the authorization of this form of commercial communication, particularly with regard to the necessary preservation of creative freedom.

I. - Scope of application
This resolution applies to television service editors.

II. - Definition and scope of product placement
In accordance with Article 1(m) of Directive 2007/65/EC, 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.
For the purposes of this resolution, product placement is defined as the supply, formalized by contract, of goods or services whose brand name is identifiable within the program.

III. - Compliance with rules common to all audiovisual commercial communications
Product placement must comply with all the rules common to all audiovisual commercial communications, as set out in Article 3e of Directive 2007/65/EC.
These include deontological rules on content that meet general interest objectives, norms for identifying commercial communications, and prohibitions on grounds of public health.

IV. - Programs that may include product placement
Product placement is authorized in cinematographic works, drama serials and music videos, except when intended for children.
It is prohibited in other programs.

V. - Products and services not eligible for placement
The following products are not eligible for placement:
- beverages containing more than 1.2 degrees of alcohol;
- tobacco, tobacco products and ingredients defined in article L. 3511-1 of the French Public Health Code;
- medicines as defined in article L. 5111-1 of the French Public Health Code, whether or not subject to medical prescription;
- firearms and ammunition, except on the television services mentioned in article 5 of decree no. 85-1305 of December 9, 1985;
- infant formula as defined in article L. 121-50 of the French Consumer Code.
The products or services of the sponsor of a program may not be placed in that program.

VI. - Formal conditions for product placement
In accordance with article 14-1 of the law of September 30, 1986, programs involving product placement must abide by the following requirements:
- their content and programming must in no way be influenced in such a way as to undermine the responsibility and editorial independence of the publisher;
- they must not directly encourage the purchase or rental of third-party products or services, and in particular may not include specific promotional references to such products, services or brands;
- they must not give unjustified prominence to the product, service or brand concerned.

VII. -Methods of informing viewers of the existence of product placement
In accordance with 4° of article 14-1 of the law of September 30, 1986, viewers must be clearly informed of the existence of product placement. To this end, programs containing product placement are identified by a pictogram, the form and technical characteristics of which are determined by the Board.
This pictogram appears for one minute at the start of the program, for one minute after each advertising break and, at the end of the program, for the duration of the credits.
When a music video is shown, the pictogram appears for the entire duration of its diffusion.
This information must be provided regardless of the program's origin or production conditions.
Television services regularly inform viewers of the meaning of this pictogram, by showing a banner with the following clearly legible sentence: "This program contains product placement.

VIII. - Framework for contract employee relations
A contract defines the economic relationship between the producer and the advertiser. It makes provision for an obligation to inform the television service editor when product placement is carried out in a program produced, co-produced or pre-purchased by the latter.

IX. - Transitional and final provisions
With regard to the implementation of the arrangements for informing viewers, two phases are distinguished:
1. For a period of two months from the date of first diffusion by the publisher of a program containing product placement, the pictogram appears for five seconds at the start of the program's diffusion in a banner accompanied by the following clearly legible sentence: "This program contains product placement". After this banner has been shown, the pictogram appears in accordance with the conditions set out in VII of this resolution.
2. At the end of this first period, viewers are informed of the existence of product placement under the provisions of VII of this resolution.
An assessment of the application of the present deliberation will be made by the Council three years after its entry into force.

The present resolution will be published in the Journal officiel de la République française and will be effective from the day following its publication. It will only apply to programs produced after this date.