During the debates in Parliament, the MPs who supported this project wanted to put an end to what they had called the "law of the jungle" in the small world of influencers. The text, which prohibits the promotion of cosmetic surgery, therapeutic abuses, and makes influencers who promote counterfeits responsible, has been promulgated.
Read alsoSurgery, gambling, counterfeiting... what is contained in the influencers law adopted in Parliament
This law, adopted unanimously on 1 June, which has just been published in the official journal, aims to regulate this sector. This law creates new prohibitions and obligations for influencers and recalls those that are sometimes circumvented. From now on, influencers are considered "natural or legal persons who, for a fee, mobilize their notoriety among their audience" to promote goods and services online.
No promotion of cosmetic surgery
This text prohibits the promotion of certain practices such as cosmetic surgery, therapeutic abstention and prohibits or strongly regulates the promotion of several medical devices. It also recalls the submission to the Evin law by prohibiting the promotion of products containing nicotine.
On another note, this law also tackles sports betting and gambling. No more promoting subscriptions to sports predictions or touting games of chance and money. Unless it happens on platforms that technically prohibit access to video to minors. In case of non-compliance, the penalties will be up to two years in prison and a fine of 300,000 euros.
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Finally, another chapter is devoted to animals. It will be forbidden to stage animals whose possession by the Washington Convention is prohibited.
In addition to these prohibitions, several rules of "good practice" have been enacted. When promotional images such as cosmetics are posted online, they will have to report if they are retouched via filters to make them more attractive but misleading.
Supervised influencer agents
"Influencer agents" will also be supervised. A written contract will be mandatory when the sums involved exceed a certain threshold. The text also provides for measures to make platforms accountable. While many successful influencers operate from abroad, such as in Dubai, the text wants to require those who practice from outside the European Union, Switzerland or the European Economic Area to take out civil insurance in the Union. The stated goal is to create a windfall to compensate potential victims. They will also have to appoint a legal representative in the EU.
At the end of March, the Union des métiers de l'influence et des créateurs de contenu (Umicc), which recently represents agencies in the sector, had welcomed "commendable and indispensable proposals". But she had alerted parliamentarians against the risk of "discriminating or over-regulating" certain actors. During a meeting, Bruno Le Maire had just indicated that he wanted to "protect those who play the game". According to him, if the rules are clear, this sector is capable of creating "a lot of wealth for the country, also makes it possible to recruit, to create jobs". And that many content creators have been following the rules for several years.
It is the DGCCRF that will keep a gendarme's eye on this sector by carrying out controls via its new brigade "commercial influence".