The text aims to better regulate the influencer market with a more extensive legal framework. Certain practices are now prohibited.

The deputies adopted, on March 30, at first reading, the law regulating influencers, examined this week in the National Assembly. This text proposes a new legislative framework to curb certain practices that have caused controversy in recent months. The text was adopted with 49 votes in favor and zero against.

Among the main provisions is a definition of an influencer, with, in the event of breaches, a risk of disqualification and significant fines, often aligned with the advertising sector.

Aesthetic medicine and vaping prohibited

The text contains some notable prohibitions, such as the ban on promoting surgery or aesthetic medicine. It also regulates advertisements for gambling, sports betting, and prohibits any commercial publication for vaping, after the adoption of an amendment carried by deputies of the majority.

In order to protect the mental health of the youngest in the face of platforms such as Instagram or TikTok, the National Assembly has also voted for the obligation to mention the existence of filters aimed at modifying the shape of the body or the face, for any advertising of influencer.

The law also attacks the promotion of financial products – or any type of financial investment, at the heart of many accusations of scams linked to promises of easy money. Cryptoassets are also concerned: in the current state of the text, and before a passage in the Senate, no influencer could promote cryptocurrencies or NFTs.

The text also regulates the profession of influencer agent and now requires the drafting of contracts for any type of influence operation. Finally, it recalls certain constraints already provided for by law, such as the fact of reporting any publication of a commercial nature. A point that often struggles to be applied on social networks.

Thomas Leroy and Raphael Grably

California18

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