a law to regulate the practices of influencers in France

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

First novelty first, to better define who will be affected by this law, influencer status will be set in stone. Will therefore be considered as such, the natural or legal persons who, for a fee, use their audience to promote products or services. Their number is estimated at 150,000 in France.

Stop selling anything

Once this postulate has been established, the law will make it possible to regulate the advertisements relayed by the influencers: obligation for example to indicate the commercial partnerships with the mention “advertising” displayed in a clear and legible way throughout the duration 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 is mounting to regulate the market. Complainants have launched class actions and a damning study has been 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 drift. 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 operate 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 jackpot 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 cross-partisan, supported by the government, and passed unanimously both in the National Assembly and in the Senate. The Minister Delegate for Trade, Olivia Grégoire, welcomed ” the commitment of parliamentarians ” And ” the quality of this work “.