Like millions of other football fans, you may have noticed an advert during the European Championships with the terse text “Probably”. The sign, in a specific font on a green background, appeared among the sponsors’ world-famous branding. But who paid for an ad that only said (in translation) “maybe”?
The explanation is simple. France prohibits any advertising and sponsorship of sporting events by alcoholic beverage manufacturers. And the aforementioned “Probably” (seen here) is the first word of the international marketing slogan of one of the world’s biggest breweries, Denmark’s Carlsberg.
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The slogan translates as “Probably the best beer in the world”. It is “Probably” or “Probably” that represents the brewing giant here.
However, the beer is not advertised as ‘probably’ in the eyes of its producer and the French ban is thus complied with.
However, the aim of the whole campaign is precisely to promote the brand and the drinking of beer. Indirectly, covertly, in a modern way.
It was also once argued that the lyrics of the song Seeking Cannabis by Wohnout could not be attacked as an incitement to grow cannabis, because Seeking Cannabis is the name of the main character, not a command. However, this is a ridiculous interpretation.
In fact, even in the case of the Danish brewer’s campaign, it is a not very broad fig leaf. It is therefore a classic act of in fraudem legis, i.e. circumvention of the law, combined with a formalistic approach to the law. Although the circumvention of the law does not seem to directly violate any legal norm, it nevertheless tends to frustrate its purpose and meaning. A thoughtful judge should not let it go unpunished if it reaches his desk.
It is precisely such “campaigns” that weaken the public perception of the rule of law. On the one hand, we must see law as a logical system with a purpose, not just as an empty set of formal rules. On the other hand, we cannot leave its meaning to the judge. That is what the legislature is for. The judge then carries out his will through interpretation.
So, if there is to be beer advertising in stadiums, we should not look for various digressions and camouflages, but simply amend or soften the ban on the floor of Parliament, not in the courtroom.
Dostupný advokát team of online lawyers will solve it for you.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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