There are new rules for an influencer in France. The French Parliament, on Thursday 1 June, definitively approved, and unanimously, the inter-party law proposal on the regulation of the online promotional activities of influencers and content creators, with limitations and rules ranging from the prohibition of "remedies" of various kinds that can prove dangerous to the real crime of fraud or breach of trust.
With this law, France is the first country in Europe and in the world to propose a comprehensive regulatory framework to regulate the "out of control" business on social media. This new framework, which enters into force immediately, was designed to guarantee the economic development of the sector, but also to combat the abuses of some social network stars and, consequently, to protect consumers.
The law that regulates the activity of influencers
Last March, the deputies Stephane Vojetta (Renaissance) e Arthur Delaporte (Parti Socialiste) had presented a bill aimed at combating "the scams and abuses of influencers on social networks". The text provides for a broad definition of influencer status, as well as the establishment of rules of good conduct for content creators, especially with regards to advertising. To regulate these practices, a Trade Influence Unit was set up, housed within the Directorate-General for Competition, Consumers and Fraud Control.
At the same time, the Government - which supports the initiative - has published a guide to rights and duties of influencers, aimed at providing information on the best practices to be adopted.
What are the new rules that will apply to influencers?
The new law creates the legal conditions for juridically recognizing a profession not yet covered by French law and which until now had had to follow rules that were not suitable or previously designed for other professions. The text defines influencers as "natural or legal persons who, by getting paid, use their notoriety with their audience to promote goods and services online". But what are these new rules for the an influencer?
Ban on the promotion of certain goods and services
Influencers will be prohibited from promoting certain goods and services. From a medical point of view, the advertising of certain practices such as the Cosmetic Surgery or l 'therapeutic abstention. In application of the Evin law - which regulates the advertising of alcohol in France - the promotion of any product containing nicotine will also be prohibited. However, the text does not mention the promotion of alcohol.
also the sports betting will be prohibited from advertising. Gambling and betting can only be promoted on platforms that exclude minors from the target.
Mention of photo editing for advertising purposes
As far as advertising is concerned, the law states that influencers cannot use the editing or smart filters without mentioning it. This measure, which is nothing more than an application of the rules already in force for traditional advertising, is designed to avoid misleading advertising, but also the negative effects that these practices can have, especially on young people.
Last March, in the press kit accompanying the announcement of the bill, the Government explained: "The distorted image, often embellished, resulting from some filters or retouching, can have devastating psychological effects on self-esteem and on the image of Internet users, especially young people".
Liability insurance for influencers abroad
Many influencers have decided to work at theabroad, especially in Dubai (United Arab Emirates), where tax rules are more advantageous. From now on, the law will require those who work outside the European Union, Switzerland or the European Economic Area to enter into aliability insurance within the European Union, in order to set up a fund to compensate any victims.
Influencers: fines and prison for those who do not respect the new rules
Influencers who fail to comply with advertising regulations can take a risk up to two years of imprisonment and fine of 300 thousand euros. Simultaneously with the passage of the law, the DGCCRF (the French fraud regulator) issued sanctions against six influencers on Friday June 2 for deceptive commercial practices: Illan Castronovo, Simon Castaldi, Antony Matteo, Nasturtium Anav, Gaetan Debled e Léa Montchicourt. The reasons for this fine are diverse: partnerships not mentioned, misleading advertising for a sports betting advisory service, promotion of hyaluronic acid injections, and so on.
The influencers in question are obligated to post on their own Instagram account a notice from the French fraud regulator stating that “the agents of the DGCCRF have initiated an administrative injunction”. And the post has to stay at the top of their account for a month.
