Social networks: the Senate in turn attacks the practices of influencers

Strengthening sanctions, new bans... After the National Assembly, the Senate tackled this Tuesday a bill to better regulate the activity of influencers and fight against abuses on social networks. Adopted unanimously at first reading at the end of March by deputies, this transpartisan text, supported by Bercy, gives a legal definition to influencers and prohibits certain practices.

With an estimated number of 150,000 influencers in France, of which only 15% would exercise this activity full-time, this sector in full development is in the sights of associations, but also of the government, which has initiated the accelerated procedure on this text. For the Minister of SMEs Olivia Grégoire, it is "a long-awaited bill", which "fills a legal void" and responds to "a popular demand for better regulation".

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The Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) has published a damning study on their practices. The rapper Booba also served as a sounding board by attacking the pope of influencers Magali Berdah, who called him a "stalker".

I will not go to the Senate, I am not trying to do politics just to expose these thieves and fight the culture of emptiness. I let you do your job condemn the punish the thanks 🙌🏾🏴 ☠️. https://t.co/aw0KoiDB6b pic.twitter.com/sH18xZXsHt

— Booba (@booba) April 13, 2023

The influencer was heard by the rapporteur of the text in the Senate, Amel Gacquerre (centrist), the rapper having for his part indicated that he would not go to the Luxembourg Palace. "I'm not trying to do politics, just to expose these thieves and fight the culture of emptiness. I'll let you do your job. Condemn them, punish them, thank you," he tweeted.

A unique mention "Advertising"

To the prohibitions of certain practices provided for by the text, such as the promotion of cosmetic surgery, the senators added in committee the prohibition of the promotion of therapeutic abstention, nicotine bags whose sale on the Internet is developing among teenagers, or subscriptions to sports betting predictions.

They also want to force influencers promoting gambling to display a statement: "Forbidden to under eighteen years". The senators also strengthened sanctions if advertising bans are not respected or if an influencer conceals the true commercial intention of his publication: up to two years imprisonment (instead of 6 months in the text voted by the deputies) and 300,000 euros fine.

A group of Internet users victims of scams, the collective of Aid to Victims of Influencers (AVI), will file a complaint for organized fraud against X and against the influencer Marc Blata and his wife, Nadéhttps://t.co/ciehw3YfYE

— Le Parisien (@le_Parisien) January 23, 2023

They have provided that influencers are required to display the unique mention "Advertising" on their commercial publications. On the other hand, as in the Assembly, amendments to prohibit the promotion of gambling, alcoholic beverages or food products that are too fatty, salty or sweet were rejected in committee.