Consumption: a law to regulate the practices of influencers in France

This Thursday, June 1st, the French Parliament definitively adopted the bill against the excesses of influencers, after months of controversy in the field.

Social media apps used by influencers to promote products (illustration image) © pixabay / Pixelkult

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It is the first text in Europe to regulate the commercial practices of Internet stars... In the sights of this law, influencers of course, but above all, the way they use their notoriety to advertise.

First novelty first, to better define who will be concerned by this law, the status of influencer will be written in stone. Natural or legal persons who, for consideration, use their audience to promote products or services will therefore be considered as such. Their number is estimated at 150,000 in France.

Last summer, rapper Booba accused Magali Berdah, known as the "pope of influencers", of making money by scamming the weakest when she cried harassment. AFP - GEOFFROY VAN DER HASSELT

Stop selling anything

Once this postulate is posed, the law will make it possible to regulate the advertisements relayed by influencers: obligation, for example, to indicate commercial partnerships with the mention "advertising" displayed clearly and legibly throughout the time of the video. But above all it is now forbidden to praise the merits of cosmetic surgery or any medical act presented as comparable to a therapeutic protocol.

No more advertisements for miracle products against overweight or cancer. Promotion of dangerous products, accusations of fraud: pressure has mounted to regulate the market. Plaintiffs have launched class actions and a damning study was published in January 2023 by the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) on certain fraudulent practices.

Control including influencers outside France

A service will be set up at Bercy to monitor compliance with these new rules. The law will also require platforms like Instagram or TikTok to report any abuse. As for refractory influencers, they will risk from June up to two years in prison and a fine of 300,000 euros, including if they are based abroad. While many successful influencers operate from abroad, such as in Dubai, the text wants to require those who practice from outside the European Union, Switzerland or the European Economic Area to take out civil insurance in the Union. The stated goal is to create a windfall to compensate potential victims. They will also have to appoint a legal representative in the EU.

The vote on this text was also a political event: firstly because the bill was transpartisan, supported by the government, and it was voted unanimously in both the National Assembly and the Senate. The Minister for Trade, Olivia Grégoire, praised "the commitment of parliamentarians" and "the quality of this work".

The National Assembly and Senate have definitively adopted the bill to better regulate commercial influence.

From now on, influencers have a clear framework to carry out their activity and consumers will be better protected against the excesses of some. pic.twitter.com/pjv7h7CuJX

— Olivia Gregoire (@oliviagregoire) June 1, 2023

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• Internet
• Social Media
• consumption