France adopts a law to regulate the practices of influencers

This June 1, the French Parliament definitively approved a bill aimed at controlling the influencer practices, after months of controversy in the sector.

It is the first law in Europe to regulate the commercial practices of internet stars. The law targets influencers, of course, but above all the way they use their fame to advertise.

The first novelty is that, to better define who will be affected by this law, the condition of influencer will be established. Influencers are natural or legal persons who use their audience to promote products or services in exchange for remuneration. It is estimated that in France there are about 150,000 influencers.

Once this premise is established, the law will make it possible to regulate the advertising disseminated by influencers, for example, with the obligation to indicate commercial collaborations with the word “advertising” clearly and legibly throughout the video.

But above all, it will now be prohibited to extol the benefits of cosmetic surgery or any medical procedure presented as comparable to a therapeutic protocol. The time for advertising miraculous products to combat obesity or cancer is over.

Due to the promotion of dangerous products, already accusations of fraud, the pressures to regulate the market increased. Whistleblowers have launched collective lawsuits and the General Directorate for Competition, Consumption and Fraud Repression (DGCCRF) published in January 2023 a damning study on certain fraudulent practices.

Controls outside France

A department will be created to monitor compliance with these new standards. The law will also force platforms like Instagram and TikTok to report any abuse. As for the influencers that do not comply with the regulations, from June they will face up to two years in prison and a fine of 300,000 euros, even if they are based abroad.

Many successful influencers operate from abroad, for example in Dubai, but the text intends to force those who operate from outside the European Union, Switzerland or the European Economic Area to take out civil liability insurance in the EU. The stated objective is to create a fund of money to compensate potential victims. They will also have to designate a legal representative in the EU.

The vote on this text was also a political event. The bill was transversal, had the support of the Government and was approved unanimously in both the National Assembly and the Senate. The Minister of Commerce, Olivia Grégoire, praised “the commitment of the parliamentarians” and “the quality of this work.”