New French law to prevent scams and abusive practices by influencers on social medias

New French law to prevent scams and abusive practices by influencers on social medias has just been enacted on 9 June 2023.

For the first time in Europe, some practices will be forbidden or regulated. Influencer’s promotions targeting French public must contain specific provisions depending on their content (sponsored, modified, virtual).

Read our quick resume.

1 - Introduction of definitions and framework

Influencers are now defined as “natural or legal persons who use their reputation among their audience to communicate content to the public by electronic means, to promote by electronic means, directly or indirectly, goods, services or any cause whatsoever for an economic benefit or any advantage.”

A definition for influencers' agent is also implemented, as the activity which consists in "representing or putting in contact, for consideration, natural or legal persons carrying on the activity defined in Article 1 [influencers] with natural or legal persons requesting their services, to promote goods, services, practices or any cause whatsoever."

Additional obligations to conclude an agreement or in relation with their representation must be observed, as summarized below.

2 - Forbidden practices

Influencers must not promote some sectors and products:

• Financial products: Hazardous contracts, digital assets, public offer of digital tokens (unless having a visa from the French AMF)
• Products or practices related to health: Therapeutic prescription; products containing nicotine and tobacco, vaping products; aesthetic and surgical acts, procedures, techniques, methods or interventions
• Non-domestical animals: Advertisement or communication including non-domestical animals, except for a specific authorisation
• Products related to sport: Subscription to sport advice or bets

3. Regulated practices

Provisions are implemented to enhance transparency of the influencers' practices and communication:

• Limited communication for some products
  • Some listed products or services need additional requirements to be promoted by the influencers (e.g., check of the public concerned, additional details on the post etc.).
  • Sectors with limited promotion: gambling games, alcoholic beverages, beverages with added sugar, salt or sweeteners, medications and drugs, medical devices.
    
    
• Mandatory mentions for most of the posts:
  • General obligation to explicitly indicate:
    • when a post is sponsored ("Publicité" or "Collaboration commerciale")
    • when an image is modified ("Image retouchée")
    • when a post is generated by artificial intelligence ("Image virtuelle »)
    • §or when the post is restricted to the public ("Interdit aux moins de 18 ans")
  • such mentions must be clear, identifiable and readable. Must be put on the image, video or the message, during the whole promotion.
    
    
• Dropshipping
  • Influencers are responsible of the products sold to consumers, even if a supplier is in charge of the delivery.
  • They must provide several information, such as information on the supplier's identity and compulsory information before ordering (see L221-5 of the consumer code notably).
  • Influencers must conduct investigation on the availability and compliance of the product in EU rules (e.g. non-counterfeiting products).

A summary of these provisions is available here.