Deliberation of June 17, 2008 on the exposure of tobacco products, alcoholic beverages and unlawful drugs to the airwaves.
Deliberation no. 2008-51 of June 17, 2008 on the display of tobacco products, alcoholic beverages and unlawful drugs on radio broadcasting and television services.
Under article1 of the law of September 30, 1986 on freedom of communication, the exercise of this freedom may be limited to the extent required, in particular, to safeguard public order.
The French Superior Audiovisual Council's mission is to safeguard public health. As such, it must ensure that television and radio broadcasting services do not incite practices or behavior that are dangerous to viewers' health.
The Council has therefore decided, on the basis of article 3-1 of the law of September 30, 1986, to issue the present deliberation, which recalls and specifies the conditions of exposure, within television and radio programs, of unlawful drugs, tobacco products and alcoholic beverages.
1. Unlawful drugs
Article L. 3421-4 of the French Public Health Code prohibits the unlawful use of any substance or plant classified as a narcotic. Unlawful drugs are substances or plants classified as narcotics under article L. 5132-7 of the same code.
Specific schemes for television services
In the interests of public health and order, it is forbidden to broadcast any unlawful drug or any person using it, with the exception of news programmes, documentaries and drama programmes, or to portray drug use in a positive or equivocal manner.
In the case of news programmes and documentaries, unlawful drugs or people using them may appear, provided that this is within the scope of the programme or documentary, and that these programmes are in no way inciting, i.e. the use of drugs or the person using them are in no way valorized.
With regard to drama and music videos, while the creative freedom of authors must be preserved, the Conseil nevertheless demands that television services co-producing such programs show unlawful drug-taking only when the scenario justifies it, and ensure that the latter is not inciting, particularly with regard to youngsters. The Council demands that television services frame programs likely to present a risk of trivializing the use of unlawful drugs with the following warning: " The use of narcotics is dangerous to health and prohibited by law. For more information and help, call 0800 23 13 13 (Drogues Info Service) ".
In addition, the presence of unlawful drugs in a TV program may require appropriate labelling, in accordance with the notice of June 7, 2005 concerning youth labelling and program classification.
Schemes specific to radio broadcasting services
The same schemes apply to radio broadcasting, insofar as they can be transposed. For so-called "free-air" broadcasts, presenters must ensure that drug use is not portrayed in a positive or equivocal way, so that it is not valorized in any way. If necessary, they warn listeners of the risks of drug use, using the aforementioned warning.
2. Tobacco products and alcoholic beverages
1.1. Tobacco products
Under article L. 3511-3 of the French Public Health Code, direct or indirect propaganda or advertising for tobacco and tobacco products is prohibited, regardless of the medium used.
On-air advertising on radio broadcasting and television is prohibited.
Television and radio broadcasting service editors may not promote any tobacco product on their advertising screens. The French Superior Audiovisual Council does not tolerate any such listing. For television services in particular, this means that no person consuming a tobacco product may appear in an advertising message, with the exception of fight agains smoking campaigns.
On-air sponsorship in radio and television broadcasting
Under article L. 3511-3 of the French Public Health Code, sponsorship is prohibited when its purpose or effect is direct or indirect propaganda or advertising for tobacco, tobacco products or ingredients used in the manufacture or preparation of a tobacco product.
Programs
Schemes common to radio broadcasting and television services
In addition to the ban on direct or indirect propaganda or advertising for tobacco or tobacco products, article L. 3511-7 of the French Public Health Code stipulates that "smoking is prohibited in places intended for collective use". Under the provisions of article R.355-28-1 of this code, this ban applies "in all closed and covered places open to the public or which constitute workplaces".
Thus, in application of articles L. 3511-3 and L. 3511-7 of the same code, the consumption of tobacco products is notably prohibited within on-set or studio broadcasts.
Specific schemes for television services
In news broadcasts, news programs or documentaries, tobacco products or people consuming them may be shown, provided these images are not promotional and cannot be assimilated to propaganda.
With regard to reality TV shows, in view of their major impact on youngsters, and on the basis of articles 1 and 15 of the law of September 30, 1986, the Council demands that the diffusion of images of candidates smoking in open places be avoided. Furthermore, the consumption of alcohol by participants must be neither excessive nor regular.
Broadcasting motor sports on television services
Article L. 3511-5 of the French Public Health Code stipulates that"TV channels may broadcast motor sport competitions held in countries where tobacco advertising is authorized".
In application of this article, the Council only accepts the appearance of cigarette brands in the context of real-time or near-real-time broadcasting of a motorsport competition, in order to meet information needs.
1.2. Alcoholic beverages
In accordance with article L. 3321-1 of the French Public Health Code, an alcoholic beverage is any beverage whose alcohol content exceeds 1.2% by volume.
Advertising messages
Propaganda and indirect advertising include any promotion "of an organization, service, activity, product or article other than an alcoholic beverage which, through its graphics, presentation, use of a name, trademark, advertising emblem or other distinctive sign, is reminiscent of an alcoholic beverage" (article L. 3323-3 of the French public health code).
Specific schemes for television services
Under article L. 3323-2 of the French Public Health Code, all direct or indirect propaganda or advertising for alcoholic beverages is prohibited on television.
Unlawful advertising includes the display, even by stealth, of identified or identifiable bottles of alcohol.
However, the French Superior Audiovisual Council considers that a campaign for a foodstuff containing alcohol is not considered direct or indirect advertising or propaganda for an alcoholic beverage if the commercial does not promote the alcohol contained in the foodstuff.
Specific schemes for radio broadcasting services
Article L. 3323-2 of the French Public Health Code stipulates that "direct or indirect propaganda and advertising for alcoholic beverages whose manufacture and sale are not prohibited are authorized (...) by radio broadcasting for the categories of radio stations and in the time segments determined by decree of the Conseil d'E tat".
According to article R. 3323-1 of the French Public Health Code, incorporating the provisions of decree no. 92-1047 of September 23, 1992, "direct or indirect propaganda and advertising by radio broadcasting in favor of beverages whose alcoholic strength by volume is greater than 1.2% are authorized only:
- Wednesday, between 0 a.m. and 7 a.m. ;
- on other days, between 0 a.m. and 5 p.m.".
These messages must not be laudatory or encourage alcohol consumption, and must be accompanied by a health message stating that alcohol is dangerous to health (article L. 3323-4 of the French Public Health Code).
On-air sponsorship on radio and television broadcasting services
In accordance with article L. 3323-2 of the French Public Health Code, all sponsorship operations are prohibited when their purpose or effect is direct or indirect propaganda or advertising in favor of alcoholic beverages.
On-air programs on radio and television broadcasting services
Although the mention of alcoholic beverages is not forbidden in television and radio programs, particularly news programmes and documentaries, this presentation must be neither self-indulgent nor laudatory, and must not be promotional in nature.
Subject to compliance with these conditions of presentation, the Conseil thus accepts that the following do not constitute indirect advertising or propaganda:
- documentaries evoking directly or indirectly the production of alcohol, in particular wine, insofar as oenology and viticulture are part of the national heritage;
- information on seasonal events with a high level of awareness, such as the launch of the "Beaujolais nouveau";
- occasional references to alcoholic beverages in a program devoted to gastronomy, either because they are one of the ingredients in a recipe, or to guide the choice of wines best suited to the proposed menu.
In the interests of public health, the Council strongly urges television and radio services showing such programs to make their listeners and viewers aware of the health risks associated with alcohol abuse, and to point out that alcohol should be consumed in moderation.
In addition, the presence of alcoholic beverages within a drama programme may require, depending on the narrative context, the affixing of appropriate notices according to the programme categories defined by the notice of June 7, 2005 concerning youth notices and programme classification. In the case of music videos that could trivialize alcohol consumption, the Council demands that service editors show them at appropriate times.
Paris, June 17th 2008
For the French Superior Audiovisual Council,
The Chairman,
Michel BOYON