At the end of an unusually consensual session in this period of tension around the pension reform, the 49 deputies present all voted, at first reading, in favor of better regulation of influencers.

Some 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 of them have been caught in a maelstrom in recent months.

Non-explicit paid partnerships, tax exile or accusations of scams, pressure has mounted to regulate the market, while the Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) has published a damning study.

Meta (Facebook, Instagram) has also deleted a series of accounts with millions of followers, including those of the Blata couple, targeted by a class action for a vast alleged scam.

A message "to the victims"

At the maneuver, a binomial opposition-majority. Arthur Delaporte (socialist) intends to put an end to "the law of the jungle", and Stéphane Vojetta (related to Renaissance) wants to "tell the 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 case of breach, offenders will face up to six months in prison and a fine of 300,000 euros.

Arthur Delaporte called for a stricter ban on medical devices and dietary supplements, castigating "miracle pills" presented as substitutes "for chemotherapy".

He got a reminder: influencers are not allowed to promote fallacious remedies, which would endanger the health of followers.

The promotion of certain risky financial investments, particularly in the digital or cryptocurrency fields, will be more strictly regulated.

Minors and gambling

If the atmosphere was one of co-construction, socialists and rebels did not succeed in formally banning 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 restrict access to the video to adults. On YouTube, for example, a video can be theoretically banned from 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 engraves in stone the submission of influencers to the Evin law. Opposition MPs and the association Addictions France have called for a definitive 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 include too many synthetic products.

Dominique Potier (PS) ended up snatching, by one vote, the ban for minors under sixteen to promote this type of product, thereby targeting adult influencers who stage their children.

The profession of "influencer agent" which puts them in contact with brands, will also be defined and supervised. A written contract will be binding between the parties when the sums involved exceed a certain threshold.

It will have to mention "submission to French law", "to the consumer code", and thanks to an amendment by the MoDem, to the "intellectual property code".

The text also intends to affect influencers who operate from abroad, such as Dubai. Those who create their content from outside the 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 withdrawn the obligation for them to appoint a legal representative in the EU.

The bill will now have to be considered in the Senate.

© 2023 AFP