Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
France
1.1 How is advertising regulated in France?
Advertising is regulated both by law and through self-regulation.
General rules apply to all advertising, irrespective of the product concerned. For example, the Consumer Code covers deceptive and misleading advertising, as well as comparative advertising; the Intellectual Property Code deals with the protection of trademarks and copyrights; Article 9 of the Civil Code protects individuals’ image and privacy; and the 1994 ‘loi Toubon’ imposes the use of the French language in all advertising.
The French advertising self-regulation agency Autorité de Régulation Professionnelle de la Publicité (ARPP) represents advertisers, agencies and the media. It details expected ethical standards, secures proper implementation of these standards through advice and pre-clearance, including providing mandatory advice before the broadcast of all TV commercials. ARPP works with an independent ’jury’ which handles complaints against advertisements which violate ARPP rules. Its decisions are published on its website (this is seen as a sanction in itself).
1.2 What types of communications are considered to be “advertising”? How is this determined?
TV advertisements are defined as messages broadcast on TV, for remuneration or other compensation, aimed either at promoting products or services, or at ensuring the commercial promotion of a public or private company. Aside from this, there is no official definition, except that which has been developed by case law in connection with comparative advertising, i.e. a communication which is made public and in the interest of an advertiser.
1.3 What is the basic regulatory framework for advertising regulation?
There is both a legal and a self-regulatory system. Generally, unfair competition and misleading advertising are prohibited, comparative advertising is regulated, and specific regulations apply to certain products (e.g. alcohol; tobacco; and books), categories of persons (e.g. children in advertising, respect of the image of individuals) and also to certain media (e.g. TV, internet). The ARPP has so far issued approximately 40 Recommendations which are either general, thematic, aimed at certain media or economic sectors, or miscellaneous recommendations.
1.4 Are there certain types of advertising practices that are specifically regulated (e.g., text message advertising)?
Digital media advertising is principally regulated by the law dated June 21, 2004, as modified on January 3, 2008 (entitled Loi pour la confiance dans l'économie numérique). Article 20 of this law provides that advertisements, in whatever form (pop-ups, advertisement banners etc.) must be identified as such and therefore they must be clearly distinguished from any non-commercial information. The name of the person or corporation for which the advertisement is made must be clearly stated.
E-mail advertising requires the prior consent of the addressee (Articles L345 al.1 of the Code des Postes et Télécommunications and L121-20-5 of the Code de la Consommation) except under certain circumstances. In all instances, the person on behalf of whom the e-mail advertising message is sent should not be disguised and the subject matter of the e-mail must not conceal any relationship with the product or service offered. The name and address where the addressee may request the discontinuation of the advertising e-mail without any cost (aside from costs in relation to the discontinuation request) should be clearly stated (Article L345 al.5 of the Code des Postes et Télécommunications).
1.5 Are there certain industries whose advertising practices are specifically regulated (e.g., drug advertising)?
(a) Alcoholic beverages Direct or indirect advertising of alcoholic beverages (i.e., any propaganda or advertising in favor of a corporate body; service; activity; product or item, the effect of which, whatever the goal, is to remind the consumer of an alcoholic beverage) is strictly regulated in France.
(b) Cars The content of advertising pertaining to new or used cars (in particular information on the gas consumption and carbon dioxide emission of new cars) is regulated. Additionally, direct or indirect advertising in which the car appears off-road is prohibited.
(c) Companies in the energy sector Advertising by companies in the energy sector and advertising dealing with energy and energy consumption must include the following message “l’énergie est notre avenir, économisons la” (energy is our future, save it).
(d) Firearms, weapons, and ammunition Only the name of the manufacturer or distributor; the technical characteristics of the firearms; the price; and any sales conditions may be advertised, and such advertisements can only appear in specific media.
(e) Food Advertising of food products must not create confusion for the purchaser or consumer as to the characteristics of the food products. This includes the nature; identity; qualities; content; quantities; durability; origin; and manufacturing/sourcing process of the goods.
(f) Gambling and “State” lotteries Any advertising must include a safeguard message against excessive or pathological gambling, as well as a reference to a system which provides information and assistance. Such advertising is prohibited in audiovisual programs, in the press and on internet sites aimed at under-aged persons so that minors are especially protected.
(g) Medical services Any direct or indirect advertising and in particular any arrangement/layout (aménagement) or sign (signalisation) providing a commercial look at medical premises is prohibited.
(h) Tobacco products (cigarettes, cigars, snuff, pipe tobacco) Any propaganda or advertising, direct or indirect, in favor of tobacco, tobacco products or ingredients is prohibited.
1.6 Are any government pre-approvals required?
Not applicable.
1.7 Does the media pre-clear advertising?
The media does not pre-clear advertising per se but it is keen to have the relevant regulations complied with. For instance, TV advertising requires pre-clearance to be carried out by the ARPP. French TV channels therefore ensure that the ARPP has given its approval to the advertisement in question before broadcasting the same. Since October 5, 2010, each advertisement to be broadcast on TV has to bear its own identification number (PubID), which contains information such as: the name of the advertiser, the name of the product, the name of the advertising agency, the ARPP pre-clearance, and the music.
1.8 How does the government enforce advertising laws? What are the potential remedies?
(a) The Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) has broad investigative powers in relation to all matters pertaining to the protection of consumers, including advertising practices. DGCCRF agents are entitled to enter the professional premises of the advertiser, advertising agency and communication agency during business hours with a prior appointment in order to request an immediate review of documents; take copies of the same; and to ask questions. Depending on the violation, a claim can be brought before civil and/or criminal courts. Violations of the Loi Evin (which in particular places limitations on advertisements for alcoholic beverages) are sanctioned by fines of up to 75,000 euro and up to 50% of the advertising budget allocated to the promotion. In cases of repeated violation, the sanction is prohibition of the distribution of the alcoholic beverage which is the subject of the advertisement for 1 to 5 years. Courts may also order the removal or confiscation of the prohibited advertisement. Corporate entities who have committed a violation may be ordered to pay a fine of up to 375,000 euro and up to 50% of the advertising budget.
(b) Further to EU Directive 2005/29 dated 11 May 2005 concerning unfair commercial practices, French law has been modified to cover not only misleading advertising per se but also other unfair commercial practices.
Violations of the rules governing unfair commercial practices are subject to criminal sanctions as well as civil remedies.
(i) Criminal sanctions: * Individuals: fine of up to 37,200 euro and/or up to two years imprisonment; 50% of the advertising expenses may be levied; * Legal entities: fine of up to 187,500 euro (which can be set to an amount equivalent to up to 250% of the advertising expenses). There are also additional sanctions, such as publication of the decision (e.g. in a newspaper or on the website of the losing party, as determined by the judge).
(ii) Civil remedies: Damages can be awarded to a claimant who brought his claim in the criminal court. In addition, for actions based on tort, judges can allocate damages based on an assessment of the prejudice suffered in each case.
1.9 When does a competitor have a right of action? What are the potential remedies?
A competitor suffering a prejudice (i.e. having an interest in bringing a legal action) is entitled to bring a claim before civil and/or criminal courts. This competitor will be entitled to receive monetary damages to compensate him for the prejudice suffered (e.g. unfair competition). Tort law applies in the event the action is brought on the ground on unfair competition/parasitism. In France, except where liability arises out of a contract, the general rule is set by Article 1382 of the French Civil Code that: “Every act of a man which causes injury to another obligates the one by whose fault it occurred to give redress”. In addition, Article 1383 of the French Civil Code provides that “Everyone is responsible for the injury he has caused not only by his act, but also by his neglect or imprudence”. The wording of Article 1382 of the French Civil Code clearly shows that three elements are necessary to engage liability:
(a) a fault;
(b) a damage; and
(c) a causal link between the two.
The burden of proof of all these elements falls on the claimant. If these three criteria are fulfilled, the claimant is entitled to claim compensation for the prejudice it has suffered.
1.10 When do consumers have a right of action? What are the potential remedies?
A consumer suffering prejudice (i.e. having an interest in bringing a legal action) is entitled to bring a claim before civil and/or criminal courts. This consumer will be entitled to receive monetary damages which aim to compensate the prejudice suffered (e.g. unfair advertising).
France
Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.
The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.
France
"Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.""Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum."
"Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.""Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum."
France
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France
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France
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
France
There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don't look even slightly believable. If you are going to use a passage of Lorem Ipsum, you need to be sure there isn't anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary, making this the first true generator on the Internet. It uses a dictionary of over 200 Latin words, combined with a handful of model sentence structures, to generate Lorem Ipsum which looks reasonable. The generated Lorem Ipsum is therefore always free from repetition, injected humour, or non-characteristic words etc.
France
Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.
The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.
France
"Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.""Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum."
"Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum."
France
There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which don't look even slightly believable. If you are going to use a passage of Lorem Ipsum, you need to be sure there isn't anything embarrassing hidden in the middle of text. All the Lorem Ipsum generators on the Internet tend to repeat predefined chunks as necessary, making this the first true generator on the Internet. It uses a dictionary of over 200 Latin words, combined with a handful of model sentence structures, to generate Lorem Ipsum which looks reasonable. The generated Lorem Ipsum is therefore always free from repetition, injected humour, or non-characteristic words etc.
France
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
France