The deputies unanimously adopted, Thursday, March 30, a transpartisan text to regulate the controversial commercial practices of influencers on social networks. At the end of an unusually consensual session in this period of tension around the pension reform, the forty-nine deputies present all voted, at first reading, in favor of better regulation of influencers.
At the maneuver behind this text, an opposition-majority pair: Arthur Delaporte (Socialist Party, PS) intends to put an end to ” the law of the jungle “ ; Stéphane Vojetta (Renaissance relative) wants “tell victims of abuses that they have been heard”. In addition to giving a legal definition to influencers, the text, supported by Bercy and the Minister of SMEs, Olivia Grégoire, will prohibit certain practices, mainly the promotion of cosmetic surgery. In the event of a breach, offenders will incur up to six months in prison and a fine of 300,000 euros.
Arthur Delaporte pleaded for a stricter ban on medical devices and food supplements, castigating the “miracle pills” presented as substitutes “to chemotherapy”. He got a reminder: influencers are not allowed to promote spurious remedies, which would endanger the health of subscribers. The promotions of certain risky financial investments, particularly in the field of digital or cryptocurrencies, will be more strictly regulated.
Some influencers are real stars, who can influence the consumption behavior of millions or even tens of millions of subscribers, while others have a much smaller audience. But all have been caught in a maelstrom in recent months.
Non-explicit paid partnerships, tax exile or accusations of scams, the pressure is mounting to regulate the market, while the general direction of competition, consumption and the repression of fraud (DGCCRF) has published a damning study. Meta (Facebook, Instagram) also deleted a series of accounts with millions of subscribers, including those of the Blata couple, targeted by a collective action for a vast alleged scam.
Influencers who operate from abroad also targeted
If the atmosphere was one of co-construction, socialists and “rebellious” failed to formally ban the promotion of gambling, the keystone of the business of certain influencers. However, they will be prohibited from promoting it on platforms that do not allow access to the video to be restricted to adults.
On YouTube for example, a video can theoretically be prohibited from access to minors, a device that does not exist on other networks. An imperfect compromise: “26% of teenagers play with their parents’ account”, recalled Arthur Delaporte. The text also sets in stone the submission of influencers to the Evin law. Opposition MPs and the association Addictions France have called for a permanent ban on the promotion of alcohol, but without success.
The left has repeatedly tried to ban or strictly regulate the promotion of foods or drinks that are too sweet, salty, or contain too many synthetic products. Dominique Potier (PS) ended up tearing off, with one vote, the prohibition for minors under 16 to promote this type of product, thereby targeting adult influencers who stage their children.
The job “influencer agent”, which puts these in relation to the brands, will also be defined and framed. A written contract will be binding between the parties when the amounts involved exceed a certain threshold. It should mention “submission to French law”, “to the consumer code” and, thanks to a modem amendment, to the “intellectual property code”.
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The text also intends to affect influencers who operate from abroad, such as in Dubai. Those who create their content from outside the European Union (EU), Switzerland, or the European Economic Area will have to take out civil insurance in the EU, to compensate potential victims. On the other hand, the government has removed the obligation for them to appoint a legal representative in the EU. The text will now have to be examined by the Senate.
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