France

[FR] France 2 fined for illegal advertising

IRIS 1997-1:1/26

Ad van Loon

European Audiovisual Observatory

In a decision of 6 November 1996, the French media authority CSA (Conseil supérieur de l'Audiovisuel), fined the public broadcaster France 2 for illegal advertising found in two different broadcasts of its show "N'oubliez pas votre brosse à dents" ("Don't forget your toothbrush"). France 2 is ordered to transfer an amount of FF 802,000 to a special account at the French Treasury for financial support to the film industry and the audio-visual programme industry.

In the show which was broadcast on 1 April 1995, the CSA found a clear promotion of the Tunisean airline company Tunisair, the Tunisean Touris Office and two Tunisean hotels during 3 minutes and 10 seconds.In the show of 30 September 1995, the CSA found excessive promotion during 40 seconds of "Space Mountain", one of the attracions at EuroDisney.

These types of promotion are prohibited under French media law, notably by Law No 86-1067 of 30 September 1986 realting to the freedom os communication, as amende and Decree No 92-280 of 27 March 1992 implementing Article 27.1 of this Act and fixing the general principles of the regulatory regime applying to advertising and sponsoring.

For the first infringement, the fine amounts to FF 722,00; for the second infringement, to FF 80,000. The fines are said to take into account the commercial advantages gained, following the non-respect of the rules on illegal advertising by France 2.