2023-06-09 06:00:23
This beginning of the month of June is hit by an unprecedented bill in France ! Parliament has just voted for the bill coming regulate the medium of influence and “excesses on social networks”.
Why is this text necessary?
For many months, Internet users as well as the rapper Booba set up the movement: “influencer”whose objective is to highlight influencers with practices that may endanger their subscribersin particular because of the sale of counterfeit products that are dangerous to health.
This movement also aimed to put forward THE influencers who have engaged in misleading marketing and practiceswith the promotion of fraudulent products. A text became necessary to regulate on the social networks of influencers, some of whom have a large number of often underage subscribers.
What does this new text change?
This bill is divided into two main parts: a part coming supervising the profession of influencer and another coming to create a consumer protection framework.
Concerning the part coming from frames the profession of influencer; Ie text officially comes define this profession for the first time. Relations between brands and influencers (or their agencies) will necessarily have to go through a written contract when the relationship has exceeded a certain amount which will be defined by decree. The text creates a code of conduct, that influencers will have to respect. This law also creates a protective framework for child influencers.
With regard to the consumer protection framework, the influencers will be prohibited from certain goods or servicesincluding cosmetic surgeries, products containing nicotine, sports betting tips…
Influencers will also have to proof of transparency et notify consumers when the post is an advertisement thanks to the mention ” advertisement “ or « collaboration commerciale ». Influencers will also have to specify whether the images are retouched or created using artificial intelligence, to avoid misleading advertisements.
This bill also strengthens the penalties. Indeed, in the event of non-compliance with the provisions, the influencer risks a prison sentence or a fine of up to up to €300,000.
« Name and Shame »
Beyond this bill, influencers are also affected by this new approach from the French regulatory authorities: « Name and Shame », in other words “naming and shaming”.
This approach implemented by the DGCCRF (Directorate General for Competition, Consumer Affairs and Fraud Prevention) obliges influencers who have carried out deceptive practices to post on their networks, for 30 days, a message concerning their deceptive practices.
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