Public consultation on the proposed decree on advertising on platforms

06/04/2021

The Directorate General for Media and Cultural Industries (hereinafter “DGMIC”) has launched a public consultation on the decree taken in application of the new article 60 of the 1986[1]  law – created by the order of December 21, 2020 transposing the AVMS directive.

The decree provides that the CSA shall ensure that video-sharing providers under French jurisdiction respect a certain number of rules regarding commercial communications. In particular, they must put in place age verification and parental control systems; provide for media education and user awareness measures.

Responses to the consultation are expected by March 21, 2021.

UGGC Law Firm and its team specialized in advertising and media law are at your disposal for any questions you may have on this matter.

By the IP/IT team of UGGC Law Firm

Source : Ministère de la Culture


[1] Article 60 of the law n°86-1067 of September 30, 1986:

I.- The Superior Audiovisual Council ensures that providers of video sharing platforms :

1° Take appropriate measures to ensure that the programs, user-generated videos and audiovisual commercial communications they provide comply with the provisions of Article 15 of this Law;

2° Comply with the requirements laid down by decree in the Council of State with regard to audiovisual commercial communications that they market, sell or arrange themselves and take appropriate measures to ensure that these rules are also complied with in respect of audiovisual commercial communications marketed, sold or arranged by third parties;

3° Clearly inform users of the existence of such commercial communications within user-created programs and videos, where such communications have been declared by the users posting them or where they are aware of them.

II.- Under conditions defined by the Conseil supérieur de l’audiovisuel, the measures, which must be feasible and appropriate, mentioned in 1° and 2° of I consist in particular, as appropriate, in :

1° Include and enforce compliance with these requirements in the Terms of Service;

2° Provide users with content classification and notification mechanisms;

3° Implement age verification and parental control devices;

4° Implement complaint resolution procedures;

5° Provide media literacy and user awareness measures.

III.- Personal data of minors collected or generated by providers of video sharing platforms in accordance with 3° of II shall not be used for commercial purposes, such as direct marketing, profiling, and behaviorally targeted advertising, even after they have reached the age of majority.”

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