2023-06-17 05:30:00
Bad mention or erroneous hashtag, falsely selling message… Influencers do not lack resources to avoid attaching the mention “sponsored” to their publications.
The law is now clear for influencers: any publication within the framework of a paid partnership or an advertisement must be explicitly indicated as such. It is for lack of rigor on this point that several of them have recently been pinned down by the DGCCRF.
Yet, despite the very recent enactment of the new law, many influencers are doubling their imagination to fly under the radar, and simply avoid labeling their posts.
The discrete mention
Among the methods used, the addition of a particularly discreet mention. This is the case in this photo of the influencer known by the nickname “Jenesuispasjoli”, which indicates, almost white on white, the mention “service offered”. A clarification that in no way corresponds to the requirements of the law. However, Instagram has been offering an official label for commercial partnerships of this kind for several years.
Poupette Kenza, influencer with nearly a million subscribers, is also a regular at slip-ups. In addition to having recently been suspected of child neglect towards her two young children, Kenza Benchrif, of her real name, regularly swings on the side of illegality in her activity as an influencer.
Thus, in a Snapchat story of June 13, the young woman offers a 10% reduction for a fast-food brand, without any mention of a partnership or an advertisement. It is only in the following story that she indicates the hashtag #collaboration (which is also not the right one under the law), following a call to order from a subscriber in the comments.
Same story for a story, the same day, for an optical brand, where the mention only appears a few times on dozens of stories. We see the young woman trying on glasses with her family, and leaving with several products.
False true arguments
Another sales method used: the “false” good arguments. Nathanya Sonia, for example, 758,000 subscribers on Instagram, praises in a story the benefits of Nocibé products, on the occasion of an event she attended (the nature of which, if it is a partnership , has not been made explicit).
She indicates, in her arguments, that the products are “not tested” on animals: an attractive argument, but useless, since in the European Union, the sale of cosmetics tested on animals is simply prohibited.
A situation similar to the reproaches made by the DGCCRF to the influencer Capucine Anav, who had praised the absence of Bisphenol A in teats for baby bottles while this substance is prohibited.
Subscribers on the lookout
However, followers of influencers are increasingly aware of these bad practices. In the comments of some of them, we can regularly see Internet users thanking the influencers for specifying the nature of a partnership.
When questioned, the Professional archyde news Regulatory Authority is clear on this point: “from now on, the law is clear. If it is not written in black and white that it is an advertisement, and this in all the publications concerned, then it is an offence”. What might previously appear to be a lack of education in this area is now clearly regulated by law.
“This mention is clear, legible and identifiable on the image or on the video, in all formats, during the entire promotion” indicates indeed the text.
However, the Responsible Influence Observatory, produced and published by the Professional archyde news Regulatory Authority, has demonstrated an increase in transparency on the part of influencers. Thus, 83% of advertisements were mentioned as such in 2021, compared to 73% in 2020. Figures which are naturally destined to evolve with the new law governing the practices of influencers.
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