- A transpartisan bill aims to fight against scams and excesses of influencers on social networks.
- The text defines the status of commercial influencer, imposes written contracts between content creators and advertisers, and reinforces the obligations of transparency and ethics.
- Minor influencers are also affected by the law, which provides specific measures to guarantee their protection.
The party is over ! Faced with the excesses of certain influencers, the government has decided to regulate this new profession, no offense to the 150 or so influencers who signed a controversial forum. Two deputies, Stéphane Vojetta (Renaissance) and Arthur Delaporte (Socialist Party), carried a bill “aiming to fight against scams and excesses of influencers on social networks”which must be examined in the National Assembly from Tuesday, March 28.
The text, which is intended “transpartisan”aims to “set a frame of reference to protect influencers as well as consumers”explain in the world Arthur Delaporte, before recalling that “this is not to say that all influencers are engaged in questionable practices, but these are the work of a very visible minority of them and their consequences are devastating” in terms of public health, but also for certain households which have sometimes invested their savings in fraudulent financial investments.
What does this framework text say about the profession of influencer? It first aims to define what a commercial influencer is but also to frame this activity. This results in the establishment of new obligations for influencers but also the establishment of sanctions in the event of non-compliance with the law.
Here’s how to understand everything about this influencer law in 4 questions.
What is a business influencer?
The first measure of the text aims to define what a business influencer is : it is a natural or legal person who uses his “notoriety to communicate to the public by electronic means content aimed at promoting, directly or indirectly, goods, services or any cause in return for an economic benefit or a benefit in kind”.
This definition includes bloggers, youtubers, instagramers as well as tiktokers or snapchatters, when they advertise brands or products. It also applies to those who work from abroad, especially in Dubai where many of them choose to put down their suitcases, when they are addressing a French public.
What are the obligations of influencers?
The proposed law requires commercial influencers to comply with several obligations, the first being to respect the rules of ethics applicable to communication and marketing professionals.
They must sign a written contract with the advertiser or agency who represents them, specifying the terms of remuneration, the rights and obligations of the parties, and the duration of the contract.
On their different contents, they must clearly and legibly indicate the promotional nature of the content broadcast, using terms such as “advertised”, “sponsored” or “partnership”.
In the event that they use filters or editing software on photos or videos that may alter the perception of the product or service promoted, they will also have to indicate it explicitly.
Finally, they will be formally prohibited from promoting products or services prohibited by law or contrary to public order and morality, such as gambling, tobacco, alcohol, firearms, narcotics, slimming products or junk food.
In the event of non-compliance with these obligations, the law provides for a series of very dissuasive sanctions.
What are the penalties provided?
The text provides civil and criminal penalties in the event of non-compliance with the obligations imposed on commercial influencers and the agencies that represent them.
Violators face fines of up to up to 10% of the annual turnover or 4% of the amount of the concluded contract with the advertiser. They may also be ordered to pay damages to injured consumers or consumer defense associations.
The proposed law thus aims to strengthen trust between influencers, advertisers and consumers, and to help fight against misleading or harmful practices on social networks.
What is the status of minor influencers?
The bill also provides specific measures to regulate the activity of minor influencers, in particular those under the age of 16.
They must Obtain an approval from the State services and respect certain conditions relating to working time, rest and personal development.
In addition, 90% of the sums received through commercial influence must be deposited with the Caisse des dépôts until they reach majority.
The proposed law thus aims to protect underage influencers from the risks associated with their exposure on social networks, such as cyberbullying, loss of self-esteem or dropping out of school.
