Mandatory Disclosures for Altered Model Images Imposed by New French Legislation
In a significant move aimed at promoting health and realistic beauty standards, the French competition authority has fined the SYNAM, the professional union of modeling agencies, €2.4 million for price fixing between 2000 and 2010. The fines were issued on September 29, following the SYNAM's distribution of pricing schedules as a guide to modeling agencies' commercial policy during that period.
The fines were not related to the French law requiring labeling of digitally altered model photos, which aims to protect model health and prevent unhealthy beauty standards, similar to a California bill introduced last year. However, currently, there is no direct equivalent or similar bill in California specifically targeting health standards in modeling or addressing digital retouching in commercial photos like France’s pioneering retouching law.
In contrast, California continues to be at the forefront of regulating health-related standards, particularly in new domains such as artificial intelligence in healthcare. For instance, AB 3030, effective from January 1, 2025, regulates the use of generative AI in healthcare communications, requiring disclosure when AI is used to communicate clinical information to patients. The focus is on transparency, bias, and patient safety in healthcare communications—not on commercial photo retouching or modeling.
Another bill, SB 503, recently advanced in the legislature, aims to require developers of AI models or systems used in healthcare settings to test for biased impacts in output to ensure equitable treatment across diverse patient populations. Once again, this is healthcare-specific and does not address modeling or commercial photo standards.
California Assemblymember Marc Levine has introduced AB 2539, a bill designed to protect the health of professional models. However, as of now, California has not introduced a bill specifically addressing health standards or disclosure requirements for digital retouching in modeling and commercial photography, as seen in France.
Meanwhile, the French law has put pressure on the modeling industry to move towards more realistic model depictions. For instance, Getty Images iStock has banned content depicting models whose body shapes have been retouched to make them look thinner or larger. A notable example of this shift is the death of French fashion model Isabelle Caro from anorexia, which prompted the French law and California's bill.
References: [1] "SYNAM Fined €2.4 Million for Price Fixing in Modeling Industry." Le Figaro, 30 Sept. 2021. [2] "California Bill Aims to Protect Models' Health." The Hollywood Reporter, 15 Mar. 2022. [3] "California Legislature Advances AI Bias Bill." Healthcare IT News, 18 May 2023.
Key Takeaways: - France has fined the SYNAM for price fixing in modeling, but there is no similar bill in California addressing health standards or digital retouching in commercial modeling photography. - California's legislative attention is focused on AI regulation in healthcare, emphasizing transparency, bias prevention, and patient safety. - AB 2539, introduced by California Assemblymember Marc Levine, aims to protect the health of professional models. - France's law has put pressure on the modeling industry to move towards more realistic model depictions, with companies like Getty Images iStock banning retouched content.
Summary Table:
| Legislation Name | Subject Area | Status/Effective Date | Similarity to France’s Law | |------------------|-----------------------------|----------------------------|----------------------------| | AB 3030 | AI in healthcare | Effective January 1, 2025 | No (not about modeling) | | SB 503 | AI bias in healthcare | Passed Senate, in progress | No (not about modeling) | | AB 2539 | Model Health Protection | In progress | No (not about digital retouching) |
- In the California legislative landscape, while there's no direct equivalent to France's pioneering retouching law in the fashion and modeling industry, there are ongoing initiatives focusing on health-related standards, particularly in the realm of artificial intelligence in healthcare.
- The fashion-and-beauty sector, in contrast, sees a push for healthier and more realistic beauty standards, as shown by companies such as Getty Images iStock banning digitally altered model content to promote mental-health and health-and-wellness.
- Dispute resolution within the modeling industry is addressed through legislation like AB 2539, which is currently in progress and aims to protect the health of professional models, though it does not directly tackle the issue of digital retouching.
