Giesbert v. Non-Smokers' Rights Association

The Court of Appeals upheld fines against the editor in chief of Le Point magazine, as well as the magazine itself, for publishing photos of Formula 1 drivers with cigarette advertisements on their cars and uniforms.  Le Point appealed, arguing (1) Le Point did not intentionally advertise tobacco products; (2) the editor, M. Giesbert, should not be held liable for the contents of the publication; (3) Mild Seven is not a brand which is sold or recognized in France; (4) since the photographer did not know that Mild Seven was a brand of cigarette, there was no intent to advertise tobacco products in the publication; and (5) that freedom of expression prohibits the manipulation of the photograph to remove tobacco advertising from it.  The Court of Cassation upheld the appellate court's decision, explaining that France's interest in promoting public health by prohibiting tobacco advertising outweighed Le Point’s right to freedom of expression.


Giesbert, et al. v. Non-Smokers Rights Association, Case No. 3777 (2007).

  • France
  • Jun 19, 2007
  • Court of Cassation



  • Franz-Olivier Giesbert
  • La Societe d'Exploitation Hebdomadaire le Point

Defendant Non-Smokers Rights Association

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product