[FR] Decree extends TV advertising for cinema, with books ads to be trialled

IRIS 2024-5:1/13

Amélie Blocman


Decree no. 2024-313 of 5 April 2024 has extended the permission for television advertising for cinema that was temporarily granted under decree no. 2020-983 of 5 August 2020 and extended twice due to the lengthy closure of cinemas during the COVID-19 epidemic. According to the Autorité de régulation de la communication audiovisuelle et numérique (the French audiovisual regulator – ARCOM), an impact study conducted on behalf of the Direction générale des médias et des industries culturelles (General Directorate of Media and Cultural Industries – DGMIC) showed that the previous experiment had boosted cinema ticket sales and had not led to a significant imbalance between French and foreign films’ access to advertising slots. The study also revealed that television advertising is not exclusively reserved for films with the largest marketing budgets.

The decree also gives permission for books to be advertised on television for a two-year trial period. It amends Article 8 of decree no. 92-280 of 27 March 1992 implementing the Law of 30 September 1986, which had previously prohibited television advertising for certain categories of products or services (alcohol, distribution, literary publishing except on television services exclusively distributed via cable or satellite). The aim is to strengthen the television advertising market, which has been weakened as a result of advertisers turning increasingly to digital platforms competing with audiovisual media, where advertising is less tightly controlled.

No later than three months before the end of the trial period, the government will publish a report evaluating the impact of this trial, especially on the book industry, before deciding whether it should be extended. In an opinion of 27 March, ARCOM expressed its support, explaining that the trial period would make it possible to assess the consequences for the publishing sector and the advertising market across all media, in order to respond, if necessary, to the reservations expressed by certain stakeholders about the change. The Syndicat national de l'édition (national publishers’ association) has heavily criticised the decree.



This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.