A bill against the excesses of influencers, supported by the government, was adopted at first reading in the National Assembly, Thursday, March 30.
It is impossible to know how much the money of influencers amounts to, these YouTubers, Instagramers or TikTokeurs who can earn tens or even hundreds of thousands of euros. In France, they would be about 150 000 and if it is very difficult to get economic data, it may not be a coincidence.
Because these influencers have the particularity of having controversial business practices and taking advantage of the gaping absence of regulation concerning them. Clearly, one can find misleading or clandestine advertising, which is prohibited in the media. Whether it’s scams for miracle products that have no effect, when they are not dangerous for health, or partnerships with a brand, on a video, of which a YouTuber or an Instagrammer speaks to us as a real coup of heart when it is, in reality, a provision of service.
So far, influencers aren’t really worried, so they can pretty much do whatever they want. Especially if they are hosted in an emirate and do not pay their taxes. According to the Competition Department, six out of ten do not respect the rules of advertising or consumer rights.
Protect the “weakest”
It is to deal with these excesses that Bruno Le Maire, the Minister of the Economy, became interested in the subject. The government therefore supports a cross-partisan bill where it is specified that it is not necessary to receive money to be engaged as an influencer. Some may, for example, content themselves with receiving clothes or perfumes.
What will now be prohibited is to promote cosmetic surgery or fake remedies that endanger people’s health. Similarly, alcohol advertising will be regulated when the promotion of tobacco is prohibited, as in the media. And if the deputies did not manage to agree on the prohibition of products that were too salty or sweet, a factor of obesity, they agreed with one vote on the fact that it could not come from minors under sixteen years old.
The objective is to get out of the law of the jungle. During a violent dispute this summer, rapper Booba accused Magali Berdah, known as the “popess of influencers”, of making money by scamming the weakest when she shouted harassment.
What is certain is that there is everything in influencers. Including powerful interests like the Banijay group, of which Bolloré is a shareholder. Not to mention the American or Chinese platforms through which the money is withdrawn.