France

A court fined Les Echos magazine and its director, David Guiraud, for publishing a photograph of the 2005 Formula 1 champion whose uniform bore the logo and name of Mild Seven cigarettes. The magazine appealed the fine, claiming that print media was being disproportionately and unnecessarily targeted in violation of the European Convention of Human Rights. The magazine argued that both television and print media were distributing information, and, if televised car racing was permitted, printed publication of images of the same car races should be permitted as well. The magazine further argued that it was not intentionally advertising tobacco. The court of appeals upheld the fine, holding that the interest in promoting public health outweighed the magazine’s right to print the image. Moreover, the court held that the televised image was fleeting, whereas the printed image on the back cover of the magazine was fixed.  The court accordingly observed that the magazine could have taken measures to remove the tobacco advertising on the image.  Finally, the court held that that the intent to advertise was irrelevant.