Advertising

Advertising is a communication intended to promote the provision of goods and services. The Court of Cassation consistently defines advertising as “a means of information intended to allow the potential customer to form an opinion on the characteristics of the goods or services offered to him” (Cass.crim., October 14, 1998, appeal No. 98-80527; Cass. crim., May 15, 2012, appeal No. 11-83301; Cass.com., May 6, 2008, appeal No. 04-19713).

Advertisers have freedom in the content of the advertising messages broadcast.

However, there are some restrictions:

–        certain advertisements are prohibited or framed:

    in particular, advertisements relating to tobacco or the medical sector

  • are prohibited;
  • advertisements relating to medicines, gambling or consumer credit must comply with certain conditions in order to be lawful;
  • advertising carried out by certain professions is supervised (for example: advertising by lawyers subject to compliance with ethical rules);

–        all advertisements must respect certain principles, foremost among which is loyalty, which aims to protect the economic interests of consumers. In this context, advertising must not constitute an unfair, misleading or aggressive commercial practice within the meaning of the provisions of the Consumer Code. Advertising must also respect more general principles and must not offend human dignity, be discriminatory or insulting.

Specific rules govern certain types of advertising. This is particularly the case for comparative advertising which, to be lawful, must comply with the provisions of Articles L.121-8 et seq. of the Consumer Code. Advertising on the Internet must also respect the privacy of Internet users as well as the rules relating to the protection of personal data.

Advertising is broadcast on many media that follow their own rules. Outdoor advertising must comply with the provisions of the Environmental Code, for example. Audiovisual advertising is controlled by the Conseil Supérieur de l ‘Audiovisuel (CSA) and must be the subject of a prior declaration before it is broadcast.

The ARPP (Autorité de Régulation Professionnelle de la Publicité) ensures the professional regulation of advertising in France. Its aim is to reconcile consumer protection and freedom of expression for advertisers.