The bill to better regulate the activity of influencers takes a new step after a vote in the Senate

2023-05-10 12:20:23

Reinforcement of sanctions, new bans: after the National Assembly, the Senate unanimously adopted on Tuesday May 9 at first reading a bill aimed at better regulating the activity of influencers and combating abuses on social networks .

Having become for some of the stars with millions of subscribers, influencers disseminate content on social networks that can greatly influence behavior, especially among the youngest. In France, their estimated number is 150,000, of whom only 15% carry out this activity full time.

Deputies and senators will now try to agree in a joint committee on a common version of this transpartisan text, supported by Bercy, which gives a legal definition to influencers and prohibits certain practices.

Read the decryption: Article reserved for our subscribers Influencers: a litany of businesses around their practices and their promotions

Prohibition of the promotion of therapeutic abstention

The senators have reinforced the penalties if the advertising bans are not respected or if an influencer conceals the true commercial intention of his publication: up to two years of imprisonment (instead of six months in the text voted by the deputies) and 300,000 euro fine.

They have provided that influencers have the obligation to display the unique mention “advertisement” on their commercial publications.

To the prohibitions planned by the deputies, such as the promotion of cosmetic surgery, they added, on the initiative of the text’s rapporteur, Amel Gacquerre (centrist), the prohibition of the promotion of therapeutic abstention, sachets of nicotine, the sale of which is growing on the Internet among teenagers, or even subscriptions to sports betting forecasts.

They also want to force influencers promoting gambling to display a “no one under 18” notice.

An amendment by Jacqueline Eustache-Brinio (Les Républicains) to ban any promotion “threatening the protection of public health” on social networks was also voted against the advice of the government. The same goes for Arnaud Bazin’s (LR) amendment aimed at prohibiting influencers from performing with animals whose keeping as pets is prohibited in France.

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“Do not stigmatize influencers”

But, as in the Assembly, the amendments of the left to prohibit the promotion of gambling and gambling, alcoholic beverages or food products that are too fatty, salty or sweet have been rejected. “Be careful not to stigmatize influencers”warned the rapporteur.

The senators have also removed, with the consent of the minister, the prohibition for those under 16, torn from high struggle in the Assembly, to promote this type of food.

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Ecologist Daniel Salmon regretted a “refusal of obstacles” of the senatorial majority on certain points, while the socialist Rémi Cardon expected “to go much further”. “We will have to move towards influencer status”added the communist Fabien Gay.

“The government and the majority of senators preferred to support the questionable and illegal practices of alcohol lobbies, rather than acting for the general interest”reacted the Association Addictions France to Agence France-Presse (AFP).

damning study

For the Minister of SMEs Olivia Grégoire, the bill “fills a legal void” and responds to “popular demand for better regulation”. “This is not a law for or against advertising, for or against young people (…) it is a law of economic regulation at the service of a nascent profession”she pointed out.

The Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) has published a damning study on the practice of influencers. Rapper Booba also served as a sounding board by attacking the high priestess of influencers Magali Berdah, who called him a “stalker”.

The influencer was heard by the rapporteur for the text in the Senate, Amel Gacquerre (centrist), while the rapper did not wish to go to the Luxembourg Palace. “I’m not looking to do politics, just to unmask these ‘influencers’ and fight the culture of emptiness. (…) Condemn them, punish them, thank you”he tweeted.

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The Minister of Economy Bruno Le Maire for his part announced last week that Bercy would make public “in the next few days” the names of influencers, about thirty, “who did not respect the rules” already in force.

Also listen Influencers: a law to prevent scams

The World with AFP