Advertising: the “Climate and Resilience” bill debated in public session at the National Assembly


The bill, introduced by the government in February, has been the subject of thousands of amendments. The special committee, after examination, has given its comments on which the discussions in public sessions will focus from March 29 to April 16.

Resulting from the Citizens’ Convention, held following the start of the Yellow Vests movement in December 2018, the 65-article bill will have finally largely filtered through the 150 or so proposals made, including 12 dealing with advertising.

At the end of the examination by the special commission, what remains of the work of the citizens drawn by lot?

The measures proposing the suppression of advertisements inciting to excessive consumption patterns, such as sales or batch sales, were rejected. Similarly, the principle of a general and absolute ban on advertising of the most polluting products, as well as the ban on video screens in public spaces, were largely relaxed.

Finally, no less than 10 articles deal with advertising, among which :

  • Article 1 of the law proposes the introduction of a “CO2 score” display, based on the “nutriscore” model, which will be used to indicate the environmental, or environmental and social, consequences for certain categories of goods and services. This is welcome information for a majority of consumers.
  • Article 4, which is the subject of much debate, aims to ban direct advertising for fossil fuels.
  • Article 5 proposes the establishment of codes of conduct for advertisers and audiovisual media, under the aegis of the CSA, which will have to discuss “climate contracts” with the various players in the sector.
  • Articles 6 and 7 regulate advertising and illuminated signs in businesses visible from the public space, giving mayors the power to police advertising.
  • Article 9 proposes the experimentation of a “yes advertising” system, for a period of three years, in voluntary local authorities, by virtue of which it will be forbidden to distribute unaddressed leaflets in mailboxes that do not bear the mention “yes advertising”.

Some members of the opposition consider these measures to be insufficient and have therefore tabled a bill, entitled “for a real climate law” and containing 18 articles, in which it is proposed, for example, to ban advertising for foodstuffs that are too fatty, too sweet or too salty, when aimed at under 16s.

In any case, these provisions will be subject to certain changes during the parliamentary shuttle. This is an opportunity for MPs to try to find the right balance, for which the government has been widely criticized, between economic issues and environmental imperatives.

By the IP/IT team of UGGC Law Firm.