The Assembly unanimously adopts a regulation of influencer practices

The Assembly unanimously adopts a regulation of influencer practices

This text makes it possible to regulate the commercial practices of the stars of social networks.

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Marc and Nade Blata, two influencers targeted by an investigation for an alleged scam, on February 11, 2021 in Dubai (United Arab Emirates).  (MAXPPP)

Temporary Concord in the Assembly. MEPs unanimously adopted, Thursday, March 30, a transpartisan text 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.

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. Influencers are also not allowed to promote fallacious 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.

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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 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.

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