You might be aware of the 26 January 2016 law for the modernization of the French healthcare system which states that digitally altered photos of models must include a disclaimer. This law, which has already received a great deal of attention in the French press, will soon enter into force.
The implementing decree no. 2017-738 of 4 May 2017 regarding commercial photos of models whose physical appearance has been modified was published on 5 May in the Journal Officiel with a planned enactment date 1 October 2017.
Therefore, starting on 1 October of this year, the wording "retouched photograph" ("photographie retouchée") must be indicated "in a way which is accessible, legible and clearly distinguishable from the advertising or promotional message" on all photos for commercial use, "where the physical appearance of the models has been digitally modified using image processing software, to make their shape thinner or thicker".
The decree states that this requirement will apply, in particular, to the following media:
- posters
- online communication to the public
- the press
- advertisements sent to private individuals
- printed advertisements intended for the public
However, the law does not seem to concern television.
The advertiser is required to ensure compliance with this obligation and must verify whether the photos it buys, either directly or through any service providers, have been digitally enhanced or not.
Failure to comply with this law can be punished by a heavy fine of 37,500 euros, or up to 30% of the costs of the advertising.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
