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Presidential 2022: are the Facebook ads of Eric Zemmour's party illegal?

2021-12-24T17:02:04.425Z


Several advertisements disseminated by the presidential candidate's party were sponsored. A practice whose legality makes


“Without you, there will be no reconquest.

Join ”.

“60,000 members”, just launched, Eric Zemmour's party is pleased on social networks for its dynamics.

Created from the Friends of Eric Zemmour account, his Facebook profile disseminated these messages through sponsored advertisements.

Which means that money has been spent to inflate audiences.

A total of six campaigns were launched in December.

They were noticed quite quickly by Clément Agostini, a rebellious activist.

On Twitter, he claims that these operations are simply illegal.

"It is formally prohibited by the electoral code

during the six months preceding the first day of the month of an election

 ", we can read.

I just saw a sponsored advertisement (therefore paid) posted in my Facebook feed for #Zemmour's party.



It is formally prohibited by the electoral code "during the six months preceding the first day of the month of an election".



It will cost them dearly ... pic.twitter.com/FQElqsOfRS

- Clément Agostini (@ClementAgostini) December 21, 2021

What is it really?

Clément Agostini refers here to article L52-1 of the electoral code.

This indeed provides that "during the six months preceding the first day of the month of an election and until the date of the ballot when it is acquired, the use for electoral propaganda purposes of any commercial advertising process through the press or by any audiovisual means of communication is prohibited ”.

The first round of the presidential election taking place on April 10, these political advertising for electoral purposes have therefore been banned since the beginning of October.

A doubt remains

"During the election period and on the condition of course that the publication has a link with the electoral campaign or the poll, the dissemination on social networks of sponsored political advertising or even the purchase of advertising services on the social network Facebook are considered by the electoral judge as irregularities ”, details Me Jean-Christophe Ménard, lawyer specializing in electoral law and the financing of political life.

An irregular campaign could therefore lead the National Commission for Campaign Accounts and Political Financing to consider that the expenditure exposed is irregular and that it cannot be reimbursed. But the answer is not obvious in the case of Eric Zemmour. Already because the advertisements were published not by him but by his party. Also, the candidate's name never appears. We must therefore ask ourselves whether these campaigns hide an electoral interest or not.

For Me Ménard, a doubt remains with these Reconquest advertisements, between the use of images "which are obviously related to the electoral campaign and may suggest a prohibited political advertisement" and the fact that the party is satisfied with a call for membership. Membership which, let us remember, is chargeable and is likely to finance the candidate's campaign.

Me Le Foyer de Costil, lawyer specializing in public law, is rather convinced of the illegality of these campaigns.

"Notwithstanding the first paragraph of Article L. 52-1, candidates or lists of candidates may use press advertising to solicit donations authorized by this article," he notes.

The advertisement may not contain any other mentions than those proper to allow the payment of the donation.

The council adds that the advertisement would be legal if it were considered to be unrelated to the electoral campaign.

"It seems to me that in this case the link between the campaign and the advertisement is not questionable ...", he concludes.

Facebook has withdrawn the campaigns

When contacted, the National Commission for Campaign Accounts and Political Funding (CNCCFP) had not responded to our requests at the time of publication of this article. But the ads in question were taken down by Facebook. “This ad was released without warning. Following its release, we determined that it was social, electoral, or political in nature, and that the wording was mandatory. It has been withdrawn, ”it was indicated on the page of Eric Zemmour's party advertisements.

“Political ads on Facebook and Instagram should be clearly labeled with a

Paid for by

warning

.

This allows anyone to see who is paying for the advertising and, for any business or organization, their contact details, ”we are told.

Even after removal, these ads remain archived and can be viewed for seven years in Facebook's Ads Library.

In the case of Eric Zemmour, the campaigns would have made it possible to reach an audience of around 30,000 Internet users.

Source: leparis

All news articles on 2021-12-24

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