Internet and publicity : In the absence of precise legislation, a type of "viticultural precautionary principle" has been applied, sometimes to absurd extremes in France during the past few months.
A rather unhealthy atmosphere has been gaining ground like gangrene in the French media, seemingly spread by drinks containing alcohol. A frenetic precautionary attitude has taken over the media : to such a point that even websites evoking alcoholic beverages appear to be under threat and newspapers issuing an article mentioning a bottle of wine find a Damocles sword hanging over their heads!
Two recent legal decisions have caused all the trouble. On the 20th December 2007, the High court in Paris condemned the newspaper "Le Parisien" for an article about Champagne considered too laudatory. Justice qualified the article as an advertisment. Then, in January 2008, the same High court ordered the beer company Heineken to close down its website! The argument put forward was that of the Evin law of 1991 which lays down the rules concerning publicity for alcoholic drinks. The text used by the High court which also figures in the Public Health Code, does not mention Internet amongst the authorised publicity mediums for alcoholic drinks. Not surprising, as at the time the bill was passed (1991) Internet simply did not exist in France!
In both cases, it was the National Association for the Prevention of Alcoholism and Addiction (the ANPAA) which submitted a complaint to the court.
Open umbrellas : In the aftermath of these legal sanctions, many media professionals are attempting to protect themselves from potential attack.
For example, before the recent re-diffusion of the film "Mondovino", the television channel in question broadcast a health warning : "Drink in moderation". This message is in fact only obligatory for adverts. Is an alternative film an advert? In the same mode, press editors add a similar message to journalists' articles on wine fairs. "If the message is added, then it means the editor judges the article content to be publicity." claims the ANPAA.
"If every mention of a name of an alcoholic beverage is theoretically considered to be publicity, then all forms of cultural expression can be potentially sanctioned : no more mention of the Porto-Bordeaux football match (Porto also being the word for Port in French), gastronomic reviews, paintings featuring glasses of wine, etc," laments a wine professional.
In that case, what do we make of the freedom of the press?
The Net is also experiencing a serious case of nerves : the operator Orange refuses to diffuse adverts for alcoholic drinks on its websites. Websites like Camus, the Cognac company, forbid access to individuals who identify themselves in French on their home page. No problem for Germans or Bresilians....
In Bordeaux, the Interprofessional Council (CIVB) will no longer print its website address on its promotional posters for the coming wine fairs.
"We are getting organised so that our profession will be taken seriously", explains Michel Rémondat, who works for the information website "Vitisphère". An association grouping over forty websites called Wine and Web is preparing to retaliate.
Things can certainly be taken to extremes, to the height of absurdity even : as Christian Termote, owner of a restaurant and wine boutique "L'Auberge d'Astarac", near Auch, learnt to his cost. The Post Office refused to issue his order of personalised stamps because the design he chose - a drawing of grapes with a face and a glass of wine - was considered incitement to drink!
The solution to this media paranoia would be to re-define the texts of the law.
For the moment the project appears to be in limbo, but wine professionals are preparing for battle : demands to include Internet in the list of authorised publicity mediums and for a clear definition of publicity policy will be sent to the President.
Another operation designed to make public opinion more sensitive to the problem will be launched in October : signposts indicating villages like Saint Emilion and Saint Estèphe, both important wine producing areas, will be hidden from public view simply because their names are theroretically considered to be illegal publicity......
César Compadre
doc@sudouest.com
S.O. 16/09/08
Translated by Maxine Colas.
A rather unhealthy atmosphere has been gaining ground like gangrene in the French media, seemingly spread by drinks containing alcohol. A frenetic precautionary attitude has taken over the media : to such a point that even websites evoking alcoholic beverages appear to be under threat and newspapers issuing an article mentioning a bottle of wine find a Damocles sword hanging over their heads!
Two recent legal decisions have caused all the trouble. On the 20th December 2007, the High court in Paris condemned the newspaper "Le Parisien" for an article about Champagne considered too laudatory. Justice qualified the article as an advertisment. Then, in January 2008, the same High court ordered the beer company Heineken to close down its website! The argument put forward was that of the Evin law of 1991 which lays down the rules concerning publicity for alcoholic drinks. The text used by the High court which also figures in the Public Health Code, does not mention Internet amongst the authorised publicity mediums for alcoholic drinks. Not surprising, as at the time the bill was passed (1991) Internet simply did not exist in France!
In both cases, it was the National Association for the Prevention of Alcoholism and Addiction (the ANPAA) which submitted a complaint to the court.
Open umbrellas : In the aftermath of these legal sanctions, many media professionals are attempting to protect themselves from potential attack.
For example, before the recent re-diffusion of the film "Mondovino", the television channel in question broadcast a health warning : "Drink in moderation". This message is in fact only obligatory for adverts. Is an alternative film an advert? In the same mode, press editors add a similar message to journalists' articles on wine fairs. "If the message is added, then it means the editor judges the article content to be publicity." claims the ANPAA.
"If every mention of a name of an alcoholic beverage is theoretically considered to be publicity, then all forms of cultural expression can be potentially sanctioned : no more mention of the Porto-Bordeaux football match (Porto also being the word for Port in French), gastronomic reviews, paintings featuring glasses of wine, etc," laments a wine professional.
In that case, what do we make of the freedom of the press?
The Net is also experiencing a serious case of nerves : the operator Orange refuses to diffuse adverts for alcoholic drinks on its websites. Websites like Camus, the Cognac company, forbid access to individuals who identify themselves in French on their home page. No problem for Germans or Bresilians....
In Bordeaux, the Interprofessional Council (CIVB) will no longer print its website address on its promotional posters for the coming wine fairs.
"We are getting organised so that our profession will be taken seriously", explains Michel Rémondat, who works for the information website "Vitisphère". An association grouping over forty websites called Wine and Web is preparing to retaliate.
Things can certainly be taken to extremes, to the height of absurdity even : as Christian Termote, owner of a restaurant and wine boutique "L'Auberge d'Astarac", near Auch, learnt to his cost. The Post Office refused to issue his order of personalised stamps because the design he chose - a drawing of grapes with a face and a glass of wine - was considered incitement to drink!
The solution to this media paranoia would be to re-define the texts of the law.
For the moment the project appears to be in limbo, but wine professionals are preparing for battle : demands to include Internet in the list of authorised publicity mediums and for a clear definition of publicity policy will be sent to the President.
Another operation designed to make public opinion more sensitive to the problem will be launched in October : signposts indicating villages like Saint Emilion and Saint Estèphe, both important wine producing areas, will be hidden from public view simply because their names are theroretically considered to be illegal publicity......
César Compadre
doc@sudouest.com
S.O. 16/09/08
Translated by Maxine Colas.