“It will be the first time in Europe that a complete framework for the regulation of influencers will be put in place”, welcomed Bruno Le Maire, Friday, in Paris. Vincent Isore/IP3
DECRYPTION – While regulating this sector of online marketing, the executive tries not to alienate the stars of social networks, with the powerful power of influence on the younger generations.
“I say it like I think it, it takes a lot of talent to become an influencer”, chanted Bruno Le Maire from his desk in Bercy. On Friday, the Minister of the Economy indulged in a balancing act by unveiling his proposals around the influence marketing sector. The objective for the member of the executive was twofold: to set himself up as a protector of French consumers by signing the end of the Far West of influencers, without however alienating these personalities with the powerful power of influence on the younger generations. In the midst of a storm around the pension reform, the policy of President Emmanuel Macron has been openly criticized in recent days by famous influencers. “What a shame”, wrote Léna Situations, for example, to her 4 million subscribers on Instagram, after Prime Minister Élisabeth Borne appealed to 49.3. When the youtubeur Inoxtag (6 million subscribers) promised to share the prize pools to help the strikers. Unusual positions for these social media stars, who often claim to be apolitical. And generally far from the debates shaking the benches of the Hemicycle… “Influencers are free to express their opposition on all public debates”slipped Bruno Le Maire on Friday.
In the heart of the presidential campaign, Emmanuel Macron had rolled out the red carpet for the popess of influencers Magali Berdah (head of the Shauna Events agency), granting her a private interview for her YouTube channel. He hoped at the time to be able to convince the youngest voters to go to the polls to vote. A few months later, ironically, it was this same Magali Berdah who found herself at the heart of a highly publicized conflict with rapper Booba. This controversy and the fight of several collectives then brought back to the fore the excesses of certain influencers: between financial scams, counterfeit promotions, “dropshipping” sites, disguised advertisements or parcels never delivered… At the end of January, a collective action Legal action has even been launched by dozens of people who believe they have been scammed by investing in financial products touted by the couple Marc and Nadé Blata, exiled in Dubai.
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The thousands of victims identified across the country have thus pushed the executive to act. Yesterday, after four months of work with influencer agencies, tech giants (YouTube, Meta, TikTok, Snapchat), Fraud Control (DGCCRF), the Financial Markets Authority (AMF) or the Authority professional regulation of advertising (ARPP), as well as a public consultation of 20,000 citizens, Bercy has finally unveiled its panoply of measures. First, the executive has enacted the creation by law of a legal definition of the profession of influencer and their agents. Added to this is the systematic obligation of a written contract between brands, agencies and influencers in a free format. As in many countries, this sector has suffered in France from a legal vagueness, reducing the responsibility of influencers vis-à-vis the content they post.
Account closures
Like the rules in force in the traditional media, the promotion of certain products and services (tobacco, alcohol, health care, financial products, gambling, etc.) will now be strictly regulated. And the legal notices must appear. The promotion of cryptoassets will only be authorized subject to registration with the AMF. For its part, the promotion of cosmetic surgery should be strictly prohibited. Moreover, “in order to avoid destructive psychological effects” on the audience, influencers will now have to mention when their commercial content has been retouched through a filter.
Another major pillar of regulation, Bercy tackles the protection of minor influencers. For those under 16, it will be necessary to obtain approval from the State services and 90% of the sums collected from commercial influence must be co-signed until they reach the age of majority. For their part, the tech giants will also have to play the game by setting up a special reporting channel. And their responsibility can now be engaged in the event of problematic content, in line with the European regulation of the Digital Services Act (DSA). A “Commercial Influence Squad” will also be created within the DGCCRF. Influencers who have been reported will risk a ban on influencer activity, with the closure of their social media account.
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As for the hot topic of influencers operating from abroad, the tax framework will remain unchanged. However, they will be required to take out a civil liability insurance policy in France. This will allow future potential victims of scams to be compensated more quickly in the event of abuse. “It will be the first time in Europe that a comprehensive framework for the regulation of influencers will be put in place”welcomed Bruno Le Maire.
The text of the law around the regulation of this sector, carried by the deputies Stéphane Vojetta (Renaissance) and Arthur Delaporte (socialist), will be examined in the National Assembly next week. “This regulation is there to support and defend influencers, and certainly not to stigmatize them”, insisted the Minister. The executive is anxious not to slow down the growth of a sector anchored in the daily life of millions of French people, and which has become a major component of the new economy. “It is the creator of many jobs and promotes the dissemination of French culture”, concluded Bruno Le Maire. In our country, 150,000 citizens are considered influencers. The economic weight of the sector is estimated at one billion euros, according to the Union of Influencers and Content Creators (UMICC). Globally, the market is expected to cross the $20 billion mark this year.