FRANCE Law and Practice Contributed by: Marianne Le Moullec, Gaëlle Robic and Joséphine Perrin, Orasis Avocats
3.2 Children To directly urge children to purchase a product, or to persuade their parents to purchase such product, is misleading advertising under the French Consumer Code. The European Digital Services Act (DSA) bans tar - geted advertisement to minors on online platforms. With regards to self-regulation, the ARPP has issued a recommendation on advertising to children, stating that any advertisement aimed at children must be eas - ily identifiable and must be designed with a sense of social responsibility. Children must not be portrayed in situations where there could be harm to their physical or moral integrity, nor in situations that might under - mine their dignity or decency. Advertisement should not make children feel distressed or uneasy. Violence must be totally excluded, and children should not be incited to commit violent acts. The products present - ed to children must be shown in situations when the safety rules are applied, and dangerous or imprudent behaviour should not be shown. Among recent decisions, the JDP (see 1.7 Self-Regu- latory Authorities ) ruled that the Balenciaga advertise - ment showing a young child with a teddy bear wearing a bondage chain was contrary to the ethical guide - lines on children because it was seeking to provoke by propagating an image of children that undermines their dignity or decency. 3.3 Dark Patterns According to the DSA, dark patterns are online inter - faces of online platforms that materially distort the ability of consumers to make an informed choice. In November 2023, the DGCCRF issued a list of dark patterns that it considers to be unfair commercial practices. This list, published on the DGCCRF web - site, is not exhaustive but includes: • false countdown timers; • fake low stock; • fake activity notification (“other consumers are looking to buy”, etc); • “sneak into basket” (paying for goods or services already included in the basket);
background of the advertisement. Specific guidelines are listed for every media – TV, press, digital, radio, etc. 2.8 Other Regulated Claims There are many other claims that are regulated by law. For example, claims on a protected geographical ori - gin are strictly reserved for products that meet the specifications of this registered geographical origin. Other claims on origin, such as “made in France”, must be substantiated in accordance with the rules of customs. There are also claims that are regulated through codes set up by professional organisations within a defined sector. 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising The ARPP guidelines on “image and respect for the individual” provide that advertising must not objectify human beings, and in particular women. In addition, advertising must not endorse the idea of a person’s inferiority on the basis of their gender, origin, mem - bership of a social group, sexual orientation or iden - tity, or any other discriminatory criterion, in particular by reducing their role and responsibilities in socie - ty. Finally, advertising must not promote feelings or behaviours of exclusion, intolerance or sexism, even indirectly. Among recent decisions, the JDP pronounced that an advertisement showing a woman wearing a yellow hard hat, promoting a welding tool, with the slogan “even women can weld well” was sexist and contrary to the guidelines on “image and respect for the indi - vidual”. With regards to TV and radio advertising, the Law on Freedom of Communication (Law No 86-1067) pro - vides that the ARCOM is in charge of promoting social cohesion and diversity, and of combatting discrimina - tion in the field of audiovisual communication, includ - ing in advertising. Viewers can bring complaints to the ARCOM, which may issue orders to comply, followed by fines if no action is taken.
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