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Commercial communications

Placement of product

What placement of product?

The placement of product is defined like any form of audio-visual commercial communication consisting in including a product, a service or a brand or referring there, while inserting it in a program, realising payment or another counterpart.

Directive 2010/13/UE of the European Parliament and the Council of March 10th, 2010 posed in theory the prohibition of the placement of product on the whole of the audio-visual mediums. It however left at the discretion of Member States the possibility of admitting it in a framed way.

Thus the law n° 2009-258 of March 5th, 2009, creating article 14-1 of the law of September 30th, 1986 relating to the freedom of communication, gave the Superior council of audio-visual the power to fix the conditions under which the programs of the departments of communication audio-visual can comprise placement of product.

The Council defined these conditions in the deliberation n° 2010-4 of February 16th, 2010 relating to the placement of product in the programs of the television services, published in the Official journal of March 5th, 2010. Two years after the coming into effect of this deliberation, the Council made an assessment of its application. With this occasion, it decided to modify the deliberation relating to the placement of product on certain points (see the modifying deliberation of July 24th, 2012, published in the Official journal on August 7th, 2012).

Perimeter

For the application of the deliberation of February 16th, 2010, is regarded as a placement of product the placement carried out on a purely paying basis, i.e. the supply, formalized by a contract, goods or services whose brand is identifiable within the program.

The placement of product is authorized only in the audio-visual cinematographic works, fictions and the vidéomusiques ones, except when they are intended to the children. It is interdict in the other programs.

The following products cannot be the object of a placement: beverages alcoholic, tobacco and produced tobacco, drugs, which they are or not subjected to medical regulation, firearms and preparations for infants.

The emissions containing of the placement of product must respect the following requirements:

  • their contents and their programming should not in no case to be influenced so as to attack the responsibility and to the leading independence of the editor;
  • they should not encourage directly with the purchase or with the hiring of the products or services of a third and cannot comprise promotional references specific to these products, services or brands;
  • they should not put in front of unjustified manner these products, services or brands.

TALLY OF THE CONTRACTUAL RELATIONS

The deliberation of February 16th, 2010, modified by that of July 24th, 2012, envisages the concluding of a contract between the producer and the advertiser, together with a duty of information of the diffuser when the placement of product is carried out in a program produced, coproduced or préacheté by this one.

Information of the televiewers

The appearance of a pictogram during a minute at the beginning of an emission and after each advertising break like throughout all credits of end, informs the televiewers of the existence of a placement of product. During the diffusion of vidéomusique, the pictogram appears throughout all this one. This pictogram, defined by the Council, was put at the disposal of chains.

Pictogram and explanatory stringcourse

In order to familiarize the televiewers with this descriptive, a message clarifying the significance of this pictogram must be diffused at the beginning of the programs concerned during the first two months of its use with the chain. The television services must moreover regularly inform the televiewers of the significance of this pictogram. Following the adoption of the assessment of application of the deliberation of February 16th, 2010, two years after its coming into effect, the Council reminded the chains that they are held to inform the public on the descriptive one of the placement of product.

Methods of information of the televiewers of the existence of a placement of product

Placement of Product

 

For a use with the antenna

    To download the pictogram (format tga zipped)

    To download the explanatory stringcourse (format tga zipped)

    To download the methods of use of the pictogram to the screen

For a use on paper document

    To download the pictogram (black on white zone format eps zipped)

    To download the explanatory stringcourse (black on white zone format eps zipped)

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