The new rule applies in all visual marketing contexts including print, online, email and other types of targeted or public communications. The required wording must be used whether the adjustment was to slim or to thicken the body shape of the model, but it seems that mere adjustments to a photograph’s lighting would not need the wording to be added.
The magic words are: “Photographie retouchée”. This must be set out 'accessibly, in a way that is both easily legible and differentiated from the promotional message of the ad, and in accordance with relevant professional best practice'.
The penalty for failing to include the magic words is a fine of up to 37,500 Euros (or, at the discretion of the judge, a higher fine up to 30% of the budget for the making of the ad in question).
It is the responsibility of the advertiser to find out (from third party suppliers of photos where relevant) whether the images that it is using have been subject to any adjustments of the model’s body shape.
A new law that starts Oct. 1 states any photos used in a commercial context must be labeled "Photographie retouchée" if a model's body shape has been digitally altered.
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