The Paris Court of Appeal has upheld the conviction of Meta Platforms (parent company of Facebook, Instagram and Messenger) for distributing illegal online gambling advertisements that fraudulently exploited the reputation of the Barrière Group.
Misleading use of a historic brand to attract players
Sponsored advertisements distributed on Meta platforms falsely presented the image of Groupe Barrière to promote online gambling sites that were not authorised in France. These ads, using the Barrière name, the group’s visual codes and a layout suggesting an official partnership, had been created to exploit Internet users’ trust. They encouraged people to register and play on platforms that were not in fact regulated by the relevant French authorities.
Faced with this situation, Groupe Barrière decided to take action. Despite repeated reports to Meta, the content persisted. It therefore brought the matter before the interim relief judge of the Paris Court of First Instance to obtain the immediate cessation of these advertisements.
At first instance, the court had already ruled in favour of Groupe Barrière. The judge found that the disputed advertisements constituted a clear infringement of the group’s brand rights and promoted activities that were strictly regulated – or even prohibited – under French gambling law. The court then ordered Meta to take effective measures to prevent the dissemination of these advertisements beyond a simple one-off withdrawal. The injunction was clear: Meta was required not only to remove the ads, but also to deploy technical means of prevention. Meta challenged this decision on appeal, contesting the existence of an unlawful disturbance and the extent of the obligations imposed.
The Court of Appeal puts an end to the debate on liability
In its ruling handed down on 29 January 2026, the Paris Court of Appeal upheld the lower court’s decision without qualifying it. In particular, it held that :
- The promotion of unauthorised gambling is a manifestly unlawful activity under French law.
- The use of the Groupe Barrière brand and image makes such advertising even more misleading and damaging.
- The repetition of this content rules out any qualification as an isolated incident.
The Court also rejected Meta’s central argument that it had merely played the role of a neutral and passive host. On the contrary, it held that Meta was responsible for the commercial distribution, highlighting and algorithmic optimisation of these advertisements, which prevented it from discharging all liability.
This decision reinforces the responsibilities of digital platforms in terms of illegal or fraudulent advertising content. Until now, the legal debate has tended to distinguish the role of host from that of publisher: a host would be required to withdraw content after it had been reported, but not to actively monitor it. The Paris Court of Appeal has challenged this view, holding that a platform that distributes, promotes and commercially optimises advertising cannot remain in a passive role.
This French case law appears to resonate with the principles of the Digital Services Act (DSA), the European framework that imposes increased vigilance on major platforms with regard to illegal content, including advertising.
What does this mean for Meta and beyond?
Platforms such as Meta are now clearly obliged to respond proactively to the dissemination of manifestly illegal advertising, especially when they exploit brands known to deceive consumers. For Meta, the ruling could require the implementation of filters and reinforced control systems designed to prevent the publication of such content before it is disseminated. This development goes beyond simple tools for reporting or deleting content after the fact.
At a time when digital platforms are playing a central role in the dissemination of advertising messages, this decision by the Paris Court of Appeal is an important legal milestone. It reaffirms that freedom of commercial expression cannot be exercised at the expense of compliance with national laws, nor at the cost of misleading users.