'Retouched Photo' Disclaimer Becomes Mandatory

Author:Ms Nathalie Hadjadj-Cazier
Profession:Field Fisher
 
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You might be aware of the 26 January 2016 law for the modernization of the French healthcare system which states that digitally altered photos of models must include a disclaimer. This law, which has already received a great deal of attention in the French press, will soon enter into force.

The implementing decree no. 2017-738 of 4 May 2017 regarding commercial photos of models whose physical appearance has been modified was published on 5 May in the Journal Officiel with a planned enactment date 1 October 2017.

Therefore, starting on 1 October of this year, the wording "retouched photograph" ("photographie retouchée") must be indicated "in a way which is accessible, legible and clearly distinguishable from the advertising or promotional message" on all photos for commercial use, "where the physical appearance of the models has been digitally modified using image processing software, to make their shape thinner or thicker".

The decree states that this requirement will apply, in particular, to the following...

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