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The judgment came after a complaint was filed by the
Association Nationale pour la Prévention en Alccologie et Addictologie
(ANPAA), a state-subsidised anti-alcoholic body.
Acknowledging the rhetoric of the ANPAA, the judge went as far as stating
that editorial articles about wine must be regarded as advertising and
as such, under the French law, the article should have been accompanied
by a health Warning,‘ alcohol abuse is dangerous for your health’.
‘ FIJEV (the International Federation of Wine Writers) simply cannot
accept such an assimilation,’ says its Secretary General, Hervé
Lalau who is also an avid wine writer, specializing in French wine scene.
‘I am very clear; Our job as wine journalists is not about selling.
We do not "communicate" or "advertise"; we merely
inform. We participate in the consumer's education about quality, our
aim is not to necessarily encourage higher consumption. This judgment
must be reexamined and revised. There is no financial interest at stake,
but our integrity and repute as free journalists,’ he asserts
‘It is not only a French matter; and not only a wine matter. If
this interpretation were to be maintained, it would open the gate for
other infringements of the freedom of the Press. Should articles about
cars not be accompanied by a message on the dangers of driving? Should
articles about food not be accompanied by messages
about the dangers of anorexy and obesity?,’ he questions.
As a member of FIJEV and as a supporter of independent journalism, I
strongly believe that this is infringement on the Freedom of Press. It
is ironic that while the world is perhaps drinking more wine for health
reasons (drinking in moderation, that is), when the French Paradox is
supposed to have brought out the need for further studies and research
and when in fact many benefits of moderate wine drinking are coming to
the fore, when the French wine industry is languishing, when the French
vintners are suffering the excesses of their stocks, there is such antiquity
in the manner of formulating laws, the need to promote anti-alcoholism
notwithstanding.
The strict laws against drunken driving and their stricter enforcement
than we can ever boast of in India should be sufficient cause of concern
to the French citizens. In any case, the journalists should not be taken
to task on the legal turf for writing articles on wines when there is
no monetary gain explicitly.
Subhash Arora
January 18, 2008
Incidentally, the ANPAA also secured a ruling last week against Heineken
Enterprise, the Dutch beer company against its advertisement on its French
website. The ruling gives them three weeks to comply or face fines of
€3,000 per day.
The 1991 Evin Law, one of the strictest anti-alcohol laws in Europe,
is considered by French winemakers as a major reason why their domestic
wine sales have been declining.
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