Toubon Law
Encyclopedia
The Toubon Law is a law of the French government mandating the use of the French language
in official government publications, in all advertisements, in all workplaces, in commercial contracts, in some other commercial communication contexts, in all government-financed schools, and some other contexts.
The law does not concern private, non-commercial communications, such as non-commercial web publications by private bodies. It does not concern books, films, public speeches, and other forms of communications not constituting commercial activity
. However, the law mandates the use of the French language in all broadcast audiovisual programs, with exceptions for musical works and 'original version' films. Broadcast musical works are subject to quota
rules under a related law whereby a minimum percentage of the songs on radio and television must be in the French language..
The law takes its common name from Jacques Toubon
who was Minister of Culture
when it was passed and who proposed the law to the French National Assembly
. A nickname is Loi Allgood – "Allgood" is a morpheme
-for-morpheme translation of "Toubon" into English
("All Good" being a translation of "Tout bon") – as the law can largely be considered to have been enacted in reaction to the increasing usage of English in advertisements and other areas in France.
Another broad provision of the law is that it makes it mandatory for commercial advertisements and public announcements to be given in French. This does not rule out advertisements made in a foreign language: it is sufficient to provide a translation in a footnote. This was justified as a measure for the protection of the consumer. Additionally, product packaging must be in French, though, again, translation in multiple languages can be provided.
A similar restriction, though implemented by primary legislation
regulations and not as application of the Loi Toubon, applies to product labeling: product labels should be intelligible and in French, though additional languages may be present. Some linguistic restrictions on product labeling were found to be incompatible with European law, particularly the directives concerning the freedom of movement of goods within the European Union
. The French government then issued interpretation notes and amended regulations in order to comply.
In another provision, the law specifies obligations for public legal persons (government administrations, et al.), mandating the use of French in publications, or at least in summaries of publications. In France, it is a constitutional requirement that the public should be informed of the action of the government. Since the official language of France is French, it follows that the French public should be able to get official information in French.
Under the Toubon law, schools that do not use French as the medium of instruction are ineligible for government funding. This includes the Breton language
schools of Brittany
.
Other restrictions concern the use of French in academic conference
s. These are largely ignored by many public institutions, especially in the "hard" scientific fields. The original restrictions on colloquia also applied to private bodies, but that was found unconstitutional prior to enactment, on grounds that they violated freedom of speech
, and the final form of the law was modified accordingly.
, which is a French branch of Georgia Institute of Technology
, a large American university. At the time of the complaint, all classes at this Lorraine school were conducted in English, and all course descriptions on its French Internet web site were in English only. The complaint invoked the Toubon Law to demand that the school's web site must be in French because the web site was effectively a commercial advertisement for the school's courses. Although the case was dismissed by the court on a minor legal technicality, and the lobbying groups chose to drop the matter, the school was moved to offer its French website in the French language in addition to English, although classes continued to be in English only.
In 2006 the French subsidiary of the US company General Electric Medical Systems
was fined €500,000 plus an ongoing fine of €20,000 per day for not complying with the Toubon law.
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
in official government publications, in all advertisements, in all workplaces, in commercial contracts, in some other commercial communication contexts, in all government-financed schools, and some other contexts.
The law does not concern private, non-commercial communications, such as non-commercial web publications by private bodies. It does not concern books, films, public speeches, and other forms of communications not constituting commercial activity
Commerce
While business refers to the value-creating activities of an organization for profit, commerce means the whole system of an economy that constitutes an environment for business. The system includes legal, economic, political, social, cultural, and technological systems that are in operation in any...
. However, the law mandates the use of the French language in all broadcast audiovisual programs, with exceptions for musical works and 'original version' films. Broadcast musical works are subject to quota
Quota share
A quota share is a specified number or percentage of the allotment as a whole , that is prescribed to each individual entity ....
rules under a related law whereby a minimum percentage of the songs on radio and television must be in the French language..
The law takes its common name from Jacques Toubon
Jacques Toubon
Jacques Toubon is a right-wing French politician who held several major national and Parisian offices.-Political career:Governmental functionsMinister of Culture : 1993–1995....
who was Minister of Culture
Minister of Culture (France)
The Minister of Culture is, in the Government of France, the cabinet member in charge of national museums and monuments; promoting and protecting the arts in France and abroad; and managing the national archives and regional "maisons de culture"...
when it was passed and who proposed the law to the French National Assembly
National Assembly
National Assembly is either a legislature, or the lower house of a bicameral legislature in some countries. The best known National Assembly, and the first legislature to be known by this title, was that established during the French Revolution in 1789, known as the Assemblée nationale...
. A nickname is Loi Allgood – "Allgood" is a morpheme
Morpheme
In linguistics, a morpheme is the smallest semantically meaningful unit in a language. The field of study dedicated to morphemes is called morphology. A morpheme is not identical to a word, and the principal difference between the two is that a morpheme may or may not stand alone, whereas a word,...
-for-morpheme translation of "Toubon" into English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
("All Good" being a translation of "Tout bon") – as the law can largely be considered to have been enacted in reaction to the increasing usage of English in advertisements and other areas in France.
Provisions of the law
One broad provision of the law applying to workplaces is that "any document that contains obligations for the employee or provisions whose knowledge is necessary for the performance of one’s work must be written in French." Among other things, this means that computer software developed outside France must have its user interface and instruction manuals translated into French to be legally used by companies in France. The law includes an exception that "these provisions do not apply to documents coming from abroad", but this exception has been interpreted narrowly by the appellate courts. For example in 2006 a French subsidiary of a US company was given a hefty fine for delivering certain highly technical documents and software interfaces to its employees in the English language only, and this was upheld by the appellate court.Another broad provision of the law is that it makes it mandatory for commercial advertisements and public announcements to be given in French. This does not rule out advertisements made in a foreign language: it is sufficient to provide a translation in a footnote. This was justified as a measure for the protection of the consumer. Additionally, product packaging must be in French, though, again, translation in multiple languages can be provided.
A similar restriction, though implemented by primary legislation
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
regulations and not as application of the Loi Toubon, applies to product labeling: product labels should be intelligible and in French, though additional languages may be present. Some linguistic restrictions on product labeling were found to be incompatible with European law, particularly the directives concerning the freedom of movement of goods within the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. The French government then issued interpretation notes and amended regulations in order to comply.
In another provision, the law specifies obligations for public legal persons (government administrations, et al.), mandating the use of French in publications, or at least in summaries of publications. In France, it is a constitutional requirement that the public should be informed of the action of the government. Since the official language of France is French, it follows that the French public should be able to get official information in French.
Under the Toubon law, schools that do not use French as the medium of instruction are ineligible for government funding. This includes the Breton language
Breton language
Breton is a Celtic language spoken in Brittany , France. Breton is a Brythonic language, descended from the Celtic British language brought from Great Britain to Armorica by migrating Britons during the Early Middle Ages. Like the other Brythonic languages, Welsh and Cornish, it is classified as...
schools of Brittany
Brittany
Brittany is a cultural and administrative region in the north-west of France. Previously a kingdom and then a duchy, Brittany was united to the Kingdom of France in 1532 as a province. Brittany has also been referred to as Less, Lesser or Little Britain...
.
Other restrictions concern the use of French in academic conference
Academic conference
An academic conference or symposium is a conference for researchers to present and discuss their work. Together with academic or scientific journals, conferences provide an important channel for exchange of information between researchers.-Overview:Conferences are usually composed of various...
s. These are largely ignored by many public institutions, especially in the "hard" scientific fields. The original restrictions on colloquia also applied to private bodies, but that was found unconstitutional prior to enactment, on grounds that they violated freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, and the final form of the law was modified accordingly.
Enforcement against French subsidiaries of US-based organizations
In the mid-1990s, soon after the Toubon Law came into force, two French lobbying groups, the Association pour la Défense de la Langue Française and the L'Avenir de la Langue Française, filed a complaint against Georgia Tech LorraineGeorgia Tech Lorraine
Georgia Tech Lorraine is a campus of the Georgia Institute of Technology in Metz, France and plays a pivotal role in Georgia Tech's International Plan.-History:...
, which is a French branch of Georgia Institute of Technology
Georgia Institute of Technology
The Georgia Institute of Technology is a public research university in Atlanta, Georgia, in the United States...
, a large American university. At the time of the complaint, all classes at this Lorraine school were conducted in English, and all course descriptions on its French Internet web site were in English only. The complaint invoked the Toubon Law to demand that the school's web site must be in French because the web site was effectively a commercial advertisement for the school's courses. Although the case was dismissed by the court on a minor legal technicality, and the lobbying groups chose to drop the matter, the school was moved to offer its French website in the French language in addition to English, although classes continued to be in English only.
In 2006 the French subsidiary of the US company General Electric Medical Systems
General Electric
General Electric Company , or GE, is an American multinational conglomerate corporation incorporated in Schenectady, New York and headquartered in Fairfield, Connecticut, United States...
was fined €500,000 plus an ongoing fine of €20,000 per day for not complying with the Toubon law.
See also
- Ordinance of Villers-CotterêtsOrdinance of Villers-CotterêtsThe Ordinance of Villers-Cotterêts is an extensive piece of reform legislation signed into law by Francis I of France on August 10, 1539 in the city of Villers-Cotterêts....
- Académie françaiseAcadémie françaiseL'Académie française , also called the French Academy, is the pre-eminent French learned body on matters pertaining to the French language. The Académie was officially established in 1635 by Cardinal Richelieu, the chief minister to King Louis XIII. Suppressed in 1793 during the French Revolution,...
- Charter of the French Language, QuebecCharter of the French LanguageThe Charter of the French Language , also known as Bill 101 and Loi 101, is a law in the province of Quebec in Canada defining French, the language of the majority of the population, as the only official language of Quebec, and framing fundamental language rights for everyone in the province...