Tuesday, 17 March 2009

Advertising for Alcohol Authorised on the Internet in France

Draft Bill No 1210 of the French Parliament

The French deputies adopted a draft bill authorising advertising on the Internet, with certain limitations.

For the time being, the Public Health Code does not allow advertisement for alcohol on a website. Indeed, Article L.3323-2 sets out a restrictive list of types of media on which publicity for alcohol is permitted. In particular, advertising may be carried out in the written press (except for the press intended for youth), through sound broadcasting (a decree sets the radio stations that are authorized to broadcast and at what time), by way of posters, signs and objects in certain shops/stores, in the conditions set by a decree… But the law does not mention websites (see our post http://copyrightfrance.blogspot.com/2008/01/heineken-ordered-to-stop-advertising-on.html

The new law is therefore aimed at adapting the rules to the Internet environment, in order to allow selling and advertising wine over the Internet.

Advertising will not be allowed on websites mainly intended for the young or on the websites of sports clubs and associations. Moreover, the adverts for alcohol must not be “intrusive”, i.e. no spam or pop-ups.