The Paris Court of Appeal has fined Netflix 250,000 euros for using archive footage of Formula 1 racing in its documentary about Michael Schumacher.

The Paris Court of Appeal has fined Netflix €250,000 for what it considers illegal tobacco advertising. The streaming giant was found guilty of posting the trailer for a documentary about Formula 1 driver Michael Schumacher on YouTube.

In a ruling dated March 31, seen by AFP, the court found Netflix Services France guilty of having, “from August 25, 2021, to April 27, 2022,” engaged in “direct and indirect tobacco advertising (…) by posting the official trailer for the Schumacher documentary on YouTube.”

The anti-smoking association “Demain sera non fumeur” (Tomorrow Will Be Smoke-Free), which had taken legal action and was awarded €30,000 in damages (plus €5,000 in legal costs), welcomed the confirmation of the 2023 ruling by the Paris Criminal Court. The Court of Appeal stated that Netflix “cannot seriously maintain that the trailer had no advertising character, given the number of images containing cigarette brands and their logos,” 23 in two minutes, “in the absence of any warning.”

Using “original archive material is common practice in the production of documentary films and series,” Netflix responded, telling AFP that it is considering appealing the decision to the Court of Cassation.

Heavily reliant on tobacco sponsorship for decades, Formula 1 banned tobacco advertising in 2006 under increasing pressure from the World Health Organization (WHO) and the European Union.