Temporary agreement in the Assembly: the deputies unanimously adopted a transpartisan text on Thursday to regulate the controversial commercial practices of influencers on social networks, and put an end to the “law of the jungle”.
At the end of an unusually consensual session in this period of tension around pension reform, the 49 deputies present all voted, at first reading, in favor of better regulation of influencers.
Some are real stars, able to influence the consumption behavior of millions or even tens of millions of subscribers, while others have a much more modest audience. But all have been caught in a maelstrom in recent months.
Non-explicit paid partnerships, tax exile or accusations of scams, the pressure is mounting to regulate the market, while the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) has published a damning study.
Meta (Facebook, Instagram) also deleted a series of accounts with millions of subscribers, including those of the Blata couple, targeted by a collective action for a vast alleged scam.
At the maneuver, an opposition-majority pair. Arthur Delaporte (socialist) intends to put an end to “the law of the jungle”, and Stéphane Vojetta (relative to the Renaissance) wants to “tell the victims of excesses that they have been heard”.
In addition to giving a legal definition to influencers, the text, supported by Bercy and the Minister of SMEs Olivia Grégoire, will prohibit certain practices, mainly the promotion of cosmetic surgery.
In the event of a breach, offenders will incur up to six months in prison and a fine of 300,000 euros.
Arthur Delaporte pleaded for a stricter ban on medical devices and food supplements, criticizing the “miracle pills” presented as substitutes “for chemotherapy”.
He got a reminder: Influencers are not allowed to promote bogus remedies, which would endanger the health of subscribers.
The promotions of certain risky financial investments, particularly in the field of digital or cryptocurrencies, will be more strictly regulated.
If the atmosphere was one of co-construction, socialists and rebels failed to formally ban the promotion of gambling, the cornerstone of the business of certain influencers.
However, they will be prohibited from promoting it on platforms that do not allow access to the video to be restricted to adults. On YouTube for example, a video can theoretically be prohibited from access to minors, a device that does not exist on other networks.
An imperfect compromise: “26% of adolescents play with their parents’ account”, recalled Arthur Delaporte.
The text also sets in stone the submission of influencers to the Evin law. Opposition MPs and the association Addictions France have called for a permanent ban on the promotion of alcohol, but without success.
The left has repeatedly tried to ban or strictly regulate the promotion of foods or drinks that are too sweet, salty, or contain too many synthetic products.
Dominique Potier (PS) ended up snatching, with one vote, the prohibition for minors under the age of sixteen to promote this type of product, thereby targeting adult influencers who stage their children.
The profession of “influencer agent” which puts them in contact with brands, will also be defined and supervised. A written contract will be binding between the parties when the amounts involved exceed a certain threshold.
It must mention “submission to French law”, “to the consumer code”, and thanks to an amendment of the MoDem, to the “intellectual property code”.
The text also intends to affect influencers who operate from abroad, such as in Dubai. Those who create their content from outside the EU, Switzerland, or the European Economic Area will have to take out civil insurance in the EU, to compensate potential victims.
On the other hand, the government has withdrawn the obligation for them to appoint a legal representative in the EU.
The text will now have to be examined in the Senate.
03/30/2023 23:10:56 – Paris (AFP) – © 2023 AFP
