French Superior Audiovisual Council notice of December 19, 2003 on television advertising for the literary publishing sector

As of January 1, 2004, decree no. 2003-960 of October 7, 2003, amending decree no. 92-280 of March 27, 1992, opens up the advertising screens of"television services distributed exclusively by cable or shown by satellite" to the literary publishing sector.
In view of the need to harmonize advertising regulations, the French Superior Audiovisual Council (Conseil supérieur de l'audiovisuel) has decided to use its interpretative powers to specify the conditions under which television advertising for the literary publishing sector may be carried out on these services.
The following guidelines are intended to give television service editors a clearer idea of the Council's role in enforcing the regulations, and will obviously have to be assessed on a case-by-case basis.

I - Areas where television advertising is prohibited

Advertising messages for literary publishing must take account of the fact that certain sectors are banned from television advertising, either for reasons of public health protection or to preserve cultural diversity.

A/ Protection of public health

1/ Tobacco or tobacco products
Article L. 3511-3 of the French Public Health Code prohibits"direct or indirect propaganda or advertising for tobacco or tobacco products".
Under the provisions of the first paragraph of article L. 3511-4 of the said Code,"propaganda or advertising in favor of an organization, service, activity, product or article other than tobacco or a tobacco product is considered as indirect propaganda or advertising when, through its graphics, presentation, use of a brand, advertising emblem or other distinctive sign, it recalls tobacco or a tobacco product".
In accordance with the second paragraph of article L. 3511-4, these schemes do not apply"to propaganda or advertising for a product other than tobacco or a tobacco product which was placed on the market before January 1, 1990 by a company which is legally and financially distinct from any company which manufactures, imports or markets tobacco or a tobacco product. The creation of any legal or financial link between these companies renders this derogation null and void".
Subject to this proviso, advertising for a book devoted specifically to tobacco or tobacco products should be prohibited, as should advertising for any other book whose cover lists tobacco or tobacco products.
This ban would not apply to advertising for a book that takes a critical look at the issue.

2/ Alcoholic beverages
Under the provisions of article L. 3323-2 of the French Public Health Code,"direct or indirect propaganda or advertising for alcoholic beverages" is prohibited on television, and without prejudice to the second paragraph of article L. 3323-3 of the said Code, which regulates propaganda or indirect advertising for a product other than an alcoholic beverage, advertising for a book devoted specifically to alcoholic beverages should be prohibited, as should advertising for any other book whose cover would ostensibly list alcoholic beverages or present their consumption in a favorable light.
This prohibition does not apply to advertising for a book that takes a critical approach to the subject.

3/ Prescription drugs
Under the provisions of article L. 5122-6 of the French Public Health Code,"a medicine may only be advertised to the public if it is not subject to medical prescription, is not reimbursable by compulsory health insurance schemes, and the marketing authorization or registration does not include restrictions on advertising to the public because of a possible risk to public health".
Consequently, unless it is shown on a television service accessible only to healthcare professionals, television advertising for a book devoted specifically to a prescription-only medicine should be prohibited, as should advertising for any other book whose cover refers to a prescription-only medicine.
This ban would not apply to advertising for a book that approaches the subject from a generic or critical angle.

4/ Firearms
Under the provisions of article 5 of decree no. 85-1305 of December 9, 1985,"in order to advertise [firearms and their ammunition] in application of article 3 of the aforementioned law of July 12, 1985, audiovisual communication means which make available to the public by radio or any other means, whether sound, images, documents, data or messages of any kind, must, without prejudice to other rules relating to advertising in the audiovisuel communication field, devote more than one third of the part of their programs left free by advertising to programs relating to hunting, fishing or sport shooting".
Consequently, television services which devote more than a third of their programming to hunting, fishing or shooting sports may show advertisements for books devoted specifically to firearms or their ammunition.
On other television services, advertising for a book specifically devoted to firearms or their ammunition should be prohibited, as should advertising for any other book whose cover conspicuously refers to firearms or their ammunition, or lists their use in a favorable light.

B/ Cinema

Advertising messages in favor of the film industry, with the exception of those shown in programs subject to special access conditions for film services distributed by cable or broadcast by satellite or digital terrestrial broadcasting, are prohibited on television.
Consequently, advertising for a book devoted specifically to a film currently being shown in cinemas or about to be shown in cinemas should be prohibited.
This prohibition would not apply to advertising for a book dedicated to or by a well-known figure in the film industry, which would be exempt from any express listing of a film currently being shown or about to be shown.

II - Advertising that may have a political content

Under the provisions of article 14 of law no. 86-1067 of September 30, 1986 as amended,"political advertising programs are prohibited". Under article 5 of decree no. 92-280 of March 27, 1992,"advertising must not contain any element likely to shock viewers' religious, philosophical or political convictions".
Subject to their obvious circumvention, these schemes do not appear to prevent advertising for a book by a political figure, or devoted to a political figure, event, party or grouping, in compliance with the provisions of article 5 of the aforementioned decree of March 27, 1992.
During periods of application of the French Superior Audiovisual Council's notices guaranteeing the pluralist expression of currents of thought and opinion during election periods, television service editors shall not show advertisements for books written by or dedicated to a political figure, whatever their title or content, nor advertisements for books whose title or content is related to the election concerned.

The French Superior Audiovisual Council will reiterate these specific rules for election periods in each of its notices.

The present notice will be published in the Official Journal of the French Republic.

Browse the French Superior Audiovisual Council's notice on television advertising for the press (December 19, 2003).