France

[FR] French Government's Reply to Community Authorities on Sectors not Allowed to Advertise on Television

IRIS 2002-9:1/15

Amélie Blocman

Légipresse

On 7 May the European Commission instructed France to repeal its decree of 27 March 1992 prohibiting advertising on television for a number of sectors of economic activity (literary publishing, the cinema, the press and large-scale distribution). Mr Aillagon, Minister of Culture and Communication, immediately announced that consultation would be embarked upon with the professionals concerned "in the near future" (see IRIS 2002-6: 13). Yet it was not until 25 September that the French Government replied to the Community authorities, giving its reasons for considering the contested regulations to be "in compliance with Community law, since they were in proportion to the objectives of general interest being pursued". The Government considers that, by prohibiting television advertising for large-scale distribution, the written press, publishing and the cinema, the purpose of the Decree of 27 March 1992 is to "maintain the diversity of the cultural offer and the pluralism of the media by contributing to the preservation of the equilibria of competition and advertising resources in the serious media". The Government is nevertheless aware that the appearance of new means of audiovisual communication is the reason for a number of professionals calling for a change in the regulations, particularly as some of them are expressing their concern regarding the continuation of the current provisions. Consequently, taking advantage of its reply to the Community authorities, the Government announced the launch, under the guidance of the Direction du développement des médias (Media Development Directorate - DDM) and with the support of the Direction générale de la concurrence, de la consommation et de la répression des fraudes (General Directorate for Competition, Consumer Affairs and the Repression of FraudDGCCRF), of a broad consultation of the professionals concerned, including more particularly the press, radio stations, advertisers, professionals in advertising and the cinema, publishing and the distribution sector as well as the independent administrative authorities concerned.