2023-06-01 16:52:56
In this spring of 2023, this looks like a political incongruity. In the six stages of the parliamentary shuttle that has led it, since February 1, from the Economic Affairs Committee of the Assembly to the Senate via a joint committee, the bill on the supervision of influencers was only voted unanimously in favour.
There remained one final green light: that of the Senate, which was given this Thursday, June 1, after the final adoption (unanimously, once again) by the National Assembly the evening before.
“Our Parliament is definitely capable of the worst as well as the best”, declared that evening, in the hemicycle, the co-rapporteur Arthur Delaporte, socialist deputy at the initiative of this transpartisan text and supported by the government. He was referring to the very eruptive session of the Social Affairs Committee which was held around noon in this same National Assembly on the bill repealing the legal retirement age at 64 years.
“The worst is therefore these tensions which have opposed us – and which will continue, it is clear. But the best is what we do tonight”, continued the PS deputy. After greeting his co-rapporteur Stéphane Vojetta (Renaissance related), he made a point of emphasizing – “it must be recognized, and I would have the honesty to say it here” – the benevolence of the government with regard to this text.
“The law of the jungle is over”
This provides for the regulation of a young and poorly regulated sector: commercial influence. While most of the 150,000 French influencers active on social networks (mainly Instagram) are aimed at small communities of enthusiasts (of fashion, travel, parenthood, DIY, etc.), the biggest accumulate several million « followers ». However, some of them, in particular former candidates for reality TV shows, have been able to praise the merits of illicit, even dangerous products.
Complainants have launched collective actions and a damning study has been published by the Repression of Fraud, while rapper Booba loudly draws the attention of the general public to these “influencers” since a year. “The law of the jungle is over”now insists Arthur Delaporte.
Its text legally defines influencers, while prohibiting the promotion of certain practices: cosmetic surgery, therapeutic abstention, products containing nicotine, etc. The promotion of games of chance and money will be confined to platforms capable of blocking access to minors. .
Influencers should report the use of filters that make their images more appealing. Above all, they must display the mention ” advertisement “ or « collaboration commerciale » during the entire promotion. The penalties provided for are up to two years in prison and a fine of €300,000.
“The rules exist, but no one respects them”
When examining the text, some parliamentarians however said they did not understand its interest. “You tell us that the rules exist, but no one respects them, and no one controls them”, had notably criticized Senator LR Jacqueline Eustache-Brinio during the public session on May 9. The obligation to indicate the advertising nature of information is indeed included in the consumer code, while the public health code already punishes misuse or misleading uses.
While the scope of advertising bans became clearer during the examination of the text, this political sequence was an opportunity to display broader disagreements on the regulation of advertising, beyond just influencers. Some parliamentarians, especially on the left, want this to be more strictly regulated, and that certain products can no longer be promoted, in particular in the name of public health.
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