The streaming giant Netflix has just been convicted on appeal for crossing the red line in tobacco advertising. There Paris Court of Appeal fines him 250,000 euros for the video promotion of the documentary Schumacher on YouTube.
The case targets the official trailer, broadcast for several months, full of cigarette logos from the archives of Formula 1 and devoid of any warning. Beyond the case Netflix Services Francethis judgment directly questions the promotional practices of all streaming platforms.
Schumacher trailer: why did 23 logos cost so much?
In a ruling dated March 31, the court ruled that Netflix Services France had carried out “direct and indirect advertising in favor of tobacco” by broadcasting on YouTube, from August 25, 2021 to April 27, 2022, the official trailer for the documentary Schumacher without any warning, according to Franceinfo.
The magistrates noted 23 shots showing cigarette brands and their logos in barely two minutes, estimating that Netflix “cannot seriously maintain that the trailer had no advertising character”. According to the judgment, these facts violate the Evin law and are “all the more serious” as they have reached “particularly a young audience”.
Loi Evin, F1 archives, YouTube: what signal for streaming?
In front of the judges, Netflix invoked freedom of expression and freedom of information, explaining that the incriminated images were historical archives of Formula 1. The platform maintains to AFP that the use of “original archive materials is a common practice in the production of documentary films and series”.
But the court recalls that the trailer is a montage designed to promote a work, therefore an advertising medium subject to the rules of the Evin law. In other words, as soon as a video repeatedly highlights tobacco brand logos, even via archives, it falls under the advertising ban.
DNF, fine and possible annulment: what next for Netflix?
At the origin of the procedure, the association Tomorrow will be non-smoking obtains 30,000 euros in damages for harm to the fight against smoking, plus 5,000 euros in legal costs. She welcomes a decision which “reminds that in France, any propaganda or advertising, direct or indirect, in favor of tobacco, tobacco products and vaping is strictly prohibited”.
For Netflixwhich is not held responsible for the documentary itself but only for its promotion, the financial impact remains limited. The platform is, however, considering an appeal to the Court of Cassation, which could transform this case into a jurisprudential reference and permanently force streaming services to blur, crop or contextualize all their images of tobacco brands.