Deliberation of November 13, 2007 concerning the diffusion of advertising messages for premium-rate telephone or SMS services likely to exploit the inexperience or credulity of persons under 18.
Under the terms of article 14 of the law of September 30, 1986 on freedom of communication, the French Superior Audiovisual Council exercises control, by all appropriate means, over the purpose, content and scheduling of advertising programs shown by television services.
In particular, it must ensure that all such services comply with the provisions of the decree of March 27, 1992. Under the provisions of article 7 of this decree: "advertising must not cause moral or physical harm to persons under 18. To this end, it must not: 1° directly encourage persons under 18 to purchase a product or service by exploiting their inexperience or credulity [...]".
As part of its supervisory role, the French Superior Audiovisual Council has noted the development of advertising messages for services offering to answer questions on subjects such as love, friendship or money, for the price of a surcharged SMS message or a surcharged telephone call.
Children and teenagers regularly ask such questions, and are therefore particularly receptive to these advertising messages. However, since the services offered are not based on any scientific rules, they are likely to abuse their credulity and inexperience.
Youngsters should therefore not be exposed to such messages. They may therefore only be shown between midnight and 5 a.m. on all television services.
The present deliberation replaces notice no. 2006-5 of June 7, 2006.