This was originally posted on Fashion, Law and More.
On 17th December, the French senate agreed on a new bill which imposes a requirement for models to provide their agencies with doctors’ notes, which confirm that they are at a healthy BMI Index. The punishment for those who cannot produce such confirmation is “up to six months in jail and a fine of €75,000 (around £54,500).” Alongside this, a requirement of disclosing when photo manipulation software has been used on a photograph of a model “in order to narrow or widen the silhouette” was created. Such images must bear the words “photograph touched up”, otherwise heavy fines will be imposed (although, from the sources I have read, it is unclear whom would pay these fines).
Although this seems like a step in the right direction to combat overly skinny models being seen as the ideal, I don’t think this is the correct means.
AU NATUREL: WHAT ABOUT THE ‘NATURALLY SKINNY’?
For a number of models their genes will luckily have provided them with excellent metabolisms where they are able to eat pretty much whatever they wish, doing very little exercise, and not gain weight. The new legislation may lead to a bias against such individuals because it does not appear to take this into account, as the BMI Index will be used as the indicator for being ‘too skinny’.
As BMI considers height and weight (amongst age and sex), generally: the taller an individual is, the heavier they should be. So, the outcomes are already skewed for skinny models who are commonly 5ft 9 and above for girls and 6ft and over for guys. Of course, there is in an issue with undereating and anorexia within the fashion industry and the law’s scope will catch this. However, for those who are naturally tall and slim, they are also likely to be caught. This could be detrimental to models’ livelihoods as their incomes may suffer twofold. Firstly, by not being booked for catwalk shows they are very unlikely to be scouted out for editorials, which are the ‘big jobs’ where models can earn the most. Secondly, by being deemed under the ideal BMI, models will consequently have to gain weight. This might make them ‘too big’ for designers’ preferences and thus they won’t be booked for a job. In a way, the new legislation could lead to unfair, almost discriminatory, and vicious cycle.
“IF YOU SCRATCH MY BACK, I’LL SCRATCH YOURS”
After having read that a doctor’s decision will be which determines whether a model can work or not, issues of corruption came to mind. Fashion, and, in particular, modelling, are very competitive industries and many will do a lot and go to great length to succeed. It is plausible to say that some might even break the law. With reliance on a doctor’s opinion so strong, it wouldn’t come at a surprise that agencies may attempt to bribe or even coerce doctors to provide the necessary certification for models. Also, probably even worse of all, it may arise that certain doctors are ‘known’ to sign-off models who fall under the minimum acceptable BMI and thus many unhealthy models may go under the radar. Lastly, the creation or forgery of certifications might arise. I hope that the French government have considered such possibilities and have or intend to implement some corresponding legislation/regulations in order to prevent them.
UNANSWERED QUESTIONS
There are a few final thoughts that I have which I cannot seem to find answers for from the sources I have read.
HOW LONG WILL A DOCTOR’S CERTIFICATE BE VALID FOR?
This is an issue as models may be directed by an agency to gain weight in order to meet the necessary BMI, and then upon receiving the ok, directed to then lose weight. Timing here is key. For this law to work, models must be checked by doctors very close to the beginnings of fashion weeks. If not, confirmations may be redundant when it comes to shows and doctors could be faced with disciplinary action for appearing to certify models when they are not fit and healthy.
DOES THE LEGISLATION TARGET FEMALE MODELS MORE THAN MALES?
When we think of underweight models, we probably automatically assume that these individuals are female. But the issue affects males too. In general, the news stories that discuss anorexia in the fashion industry rarely discuss how males are faced with pressures to lose weight. I hope that this law’s execution doesn’t follow suit so males and females are treated equally.
SHOULD DOCTORS BE DECIDING WHETHER MODELS ARE FIT TO WORK?
Of course, the issue of being underweight relates to the medical industry but, just like using the BMI Index, are doctors the correct people to certify models? Personally, I believe that an independent body would be best to do so. It would be comprised of medical professionals and individuals with knowledge and understanding of the fashion/modelling industry who, in combination, would be better suited to provide a judgment on a model’s suitability to work. Moreover, an independent body would be impartial and thus it would hopefully prevent the possible corruption that could emerge, as aforementioned.
Well, for now the Bill will be finalised and will come into force in 2016. It will be interesting to read the final version and also see how it will be enforced. Also, this latest development may contribute to the ongoing discussion in the UK parliament on the same matter of underweight models. It will be interesting to see whether France’s legislation influences parliament into coming to a decision on how to tackle this issue.
