Advertising at sea: End of the legal vacuum in French waters

The French government has published a decree regulating advertising at sea. This text should prevent visual nuisance on the water or at anchor, while guaranteeing sponsorship opportunities.

Ban on illuminated advertising at sea

Following the August 22, 2021 law banning aircraft-towed advertising banners over beaches to combat climate change, some advertisers and shipowners thought they'd found a solution by using boats as advertising media. Under the guise of collecting floating garbage, one operator had large luminous screens tacked in front of beaches in the Alpes Maritimes, sparking a wave of indignation and highlighting a legislative loophole.

The new decree of November 17, 2023 published by the French government fills the legal gap, regulating advertising at sea in territorial and inland waters. The government now prohibits all illuminated advertising. What's more, no vessel may be used primarily for advertising purposes. Vessels will be able to display a maximum total advertising surface of 4 m2 (revised downwards following public consultation), excluding markings affixed to the hull, structural elements, sails or goods of vessels mentioning their brand, manufacturer or operator.

Boaters accustomed to the tourist coasts should therefore be protected from visual nuisance, even if exemptions may be granted by the police authorities, although the text does not specify the precise framework.

Preserving sponsorship and nautical events

However, ocean-racing sailors and nautical event organizers can rest assured. Vessel sponsors will be able to use larger surfaces. Advertising for the partners of various races and gatherings are also excluded from the decree.

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