Influencers: The first law to regulate the sector, finally passed by Parliament

Promotion of dangerous means, accusations of fraud… To fight against the abuse of some stars of social networks, the Parliament finally passed Thursday 1^Eh June cross-party text to regulate the jungle of influence. After the assembly on Wednesday, this is the new unanimity of 342 senators from all political stripes, which marked the acceptance of the text of the deputies Arthur Delaporte (Socialist Party) and Stéphane Wojetta (Related Renaissance, Presidential Majority). “We can congratulate ourselves on this unprecedented agreement”He welcomed the speaker of the Senate, Amel Gacker (Centrist Union).

For the Government, which supports the initiative, the Trade Minister’s Delegate, Olivia Gregoire, welcomed “Obligation of parliamentarians” and “The quality of this work”. There are an estimated 150,000 influencers in France, but the actions of some have drawn criticism from critics.

Class-action lawsuits have been launched by plaintiffs, a damning investigation by the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) has been published, and rapper Bubba has also played a vocal role in his attacks on social media. Since Wednesday, influencers Ilan Castronovo and Simone Castaldi have been forced to post a message from the DGCCRF on social media warning against some of their content.

Many influencers have modest audiences, but some celebrities with millions of followers can influence consumer behavior, especially among young people. “Influencers will continue to practice. Influencers will still exist, but know that the law is there to punish them., argues Arthur Delaporte. ext “will protect consumers, especially the youngest”Stefan Vojeta promises.

Promotion of prohibited products containing nicotine

The text begins with the still-under-construction legal definition of this profession: these are people who, for remuneration or benefit in kind, “Mobilize their awareness to communicate with their audience” on the line “Content that is intended to directly or indirectly promote goods, services or any cause.”

The text plans to prohibit the promotion of certain practices, such as cosmetic surgery or “therapeutic abstinence”. It prohibits or strictly regulates the promotion of several medical devices. It bans the promotion of nicotine products and recalls the introduction of Evin’s Law. But the Association of Addiction France worries that the ban on alcohol promotion does not go further.

It will also attack sports betting and gambling: influencers will no longer be able to promote subscriptions to sports predictions, and the promotion of gambling and money will be limited to platforms that technically allow minors to be banned from accessing videos.

Penalties for violation will be up to two years in prison and a fine of 300,000 euros. The proposed law also prohibits staging with animals that are prohibited from owning. When advertising images, such as cosmetics, are retouched with a filter to make them more attractive, this should be noted.

Coaching of influencers

On Thursday, several senators insisted on the need to strengthen the tools of future watchdogs, especially the DGCCRF and the Financial Markets Authority. “The sheriffs are numerous and must be allowed to work properly”Amel Gucker recalls.

THE “agents of influence” There will also be supervision. A written contract will be required when amounts exceed a certain threshold. The text also provides for accountability measures for platforms.

Although many successful influencers operate from abroad, for example in Dubai, the text wants to require those operating outside the EU, Switzerland or the European Economic Area to carry civil insurance in the Union. The stated purpose is to create a jackpot to compensate potential victims. They will also have to appoint a legal representative in the EU.

At the end of March, the Union of Influencers and Content Creators (Umicc), which recently represents agencies in the sector, welcomed “Commodity and essential propositions”. But he warned parliamentarians about the risk “Discrimination or over-regulation” Some actors.