In an effort to combat the promotion of dangerous products and trends, the French Parliament has adopted a bipartisan bill to regulate the activities of social media influencers. The bill received approval from lawmakers across the political spectrum and includes provisions that could result in jail time or hefty fines for non-compliance.
Following the National Assembly’s vote in favor of the bill on Wednesday, 342 senators from various political backgrounds voted to pass the legislation, which was introduced by socialist MP Arthur Delaporte and Stéphane Vojetta, an MP from President Emmanuel Macron’s Renaissance party.
Rapporteur Amel Gacquerre, the senator responsible for presenting the bill in the upper chamber, expressed satisfaction with the outcome, stating, “We can be proud of this unprecedented agreement.” Junior Minister for Commerce Olivia Grégoire also praised the commitment of the parliamentarians and the quality of their work.
The regulation comes in response to mounting criticism and concerns surrounding influencer marketing. Collective actions by plaintiffs, along with a scathing report published by the French Fraud Prevention Directorate (DGCCRF), have shed light on problematic practices within the industry. Even the French rapper Booba has joined the cause, launching a digital campaign against what he calls “influ-thieves” or “influvoleurs” in French, amplifying the issue through social media.
The new law aims to protect consumers, particularly younger individuals, by addressing several key areas. It legally defines influencers as individuals or entities who, for a fee, utilize their fame and audience to promote goods and services online. The legislation prohibits the promotion of certain practices, such as cosmetic surgery and therapeutic abstention, while heavily regulating the promotion of various medical devices. It also bans the promotion of products containing nicotine.
Additionally, the law tackles the promotion of sports betting and gambling, imposing limitations on influencers’ ability to promote sports forecast subscriptions. Promoting money games will be restricted to platforms that enforce technical age restrictions to prevent minors’ access. Non-compliance with the regulations can result in penalties of up to two years in prison and a fine of €300,000.
The legislation also addresses ethical concerns, such as the use of animals in staged scenes when ownership is prohibited. It requires promotional images, such as those for cosmetics, to disclose whether they have been retouched or enhanced using filters to make them more appealing.
The bill not only affects influencers but also extends regulations to their agents. A written contract will be mandatory when the compensation involved exceeds a certain threshold. The legislation also holds platforms accountable by implementing measures to ensure their compliance.
While many successful influencers operate from abroad, particularly in locations like Dubai, the bill aims to impose requirements on those operating outside the European Union, Switzerland, or the European Economic Area. Such influencers will be required to obtain civil liability insurance within the EU and designate a legal representative in the region. The objective is to create a fund to compensate potential victims.
The Union of Influence Professions and Content Creators (Umicc), which recently began representing agencies in the sector, praised the bill’s proposals as commendable and essential. However, they cautioned lawmakers about the potential risks of discriminating against or over-regulating certain actors in the industry.
The passage of this bill reflects France’s determination to establish guidelines and protect consumers in the ever-evolving world of social media influencers. It remains to be seen how these regulations will be enforced and what impact they will have on the influencer landscape within the country.
