Entry into force of the obligation to report alterations to mannequins in advertising photographs

Law 2016-41 on the modernization of our health system (known as the “Health Law”) established the obligation, introduced in Article L. 2133-2 of the Public Health Code, to affix the words “ retouched photograph " sure photographs for commercial use of mannequins whose body appearance has been altered by image processing software.

An implementing decree, published on May 5, 2017, clarified the contours of this new obligation and fixed its entry into force at 1er October 2017.

As a reminder, this new obligation is imposed on theadvertiser who is required to check with his service providers whether the photographs he selects for the creation of an advertising campaign have been modified by image processing software in order to refine or thicken the silhouette of the mannequin.

If this is the case, the advertiser must mark the photograph with the words "retouched photograph" in an accessible, easily readable and clearly differentiated manner from the advertising or promotional message.

Concretely, and in accordance with good practices defined in particular by the Professional Advertising Regulatory Authority, it is in particular a question of favoring a horizontal mention, characters of a sufficient size and normally spaced, a font allowing a easy to read (without this font being necessarily uniform throughout the advertisement) as well as a color that contrasts with that used for the background of the advertisement.

It is specified in the decree that these provisions are applicable in particular to advertising media broadcast by display, by communication to the public online, in press publications, in advertising correspondence intended for individuals and finally, in advertising material intended for the public.

A literal reading of the text leads to the exclusion of advertising films from the scope of this new obligation. However, since the above list is presented as not being exhaustive, we invite you to remain vigilant as to the possible extension of the scope of Decree No. 2017-738 to the videographic field.

Finally, we draw your attention to the fact that any breach of these new obligations from 1er October 2017 will be liable to be punished by a fine of € 37 (note that this amount can be increased to 30% of expenditure devoted to the advertising in question).

Clément Monnet, Counsel at Dentons and Charlotte Texier, lawyer clement.monnet@dentons.com

 

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