France
[FR] Advertising of Alcoholic Drinks on Radio
IRIS 1998-8:1/12
Bertrand Delcros
Radio France
France is successfully combating the problems of tobacco and alcohol abuse. The Act of 10 January 1991 laid down a blanket prohibition of advertising for tobacco and alcohol on both public- and private-sector television. On radio, the rules for advertising alcoholic drinks are slightly more flexible for private radio stations than for Radio France, the national public-service radio station. For private stations, a decree of 23 September 1992 permits the advertising of alcoholic drinks of less than 1.2° strength on Wednesdays (children's day) between midnight and 7 a.m. only and on other days between midnight and 5 p.m.; for Radio France, no advertising is allowed at all for drinks stronger than 1°. In a decision delivered on 29 July 1998, the Conseil d'Etat held that this stricter legislation was justified, and threw out the claim by the National Inter-professional Committee on AOC Wines and Spirits ( Comité national des interprofessions de vins et eaux de vie à appellation d'origine contrôlée) for the same rules to apply to Radio France as to private stations. The Conseil d'Etat maintained that the more restrictive provisions of the terms of reference of Radio France were in the public's interest and that, particularly as regards young people, they were in line with the intended protection of public health, which was a constitutional principle.
References
- Conseil d'Etat, 29 juillet 1998, Req. 180771, Comité national des interprofessions de vins et eaux de vie à appellation d'origine contrôlée.
- State Council, 29 July 1998, Application 180771, Comité national des interprofessions de vins et eaux de vie à appellation d'origine contrôlée.
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.