France is to become first European country to regulate internet influencers, as lawmakers debate a cross-party bill to impose limits on what people can promote on social media.
“The sector of commercial influence and content creation is not yet taken seriously enough,” Economy and Finance Minister Bruno Le Maire wrote in a document presenting several measures that the government will take to better regulate influencers, as draft legislation was introduced for debate in the National Assembly.
“While it is a formidable creative vector and an economic benefit, anchored in the daily lives of millions of citizens, this sector suffers from inexistent or unclear rules.”
Who is an influencer?
The first article of the proposed legislation, which was introduced by Stéphane Vojetta, a deputy in Emmanuel Macron’s ruling party, and Socialist Arthur Delaporte, defines an influencer as someone who “mobilises their notoriety to communicate to the public electronically to promote, directly or indirectly, goods, services or another cause, in exchange for an economic benefit or other advantage”.
There are an estimated 150,000 influencers creating content on Instagram, Facebook, TikTok, YouTube and other platforms, aimed at a French audience.
Some of the biggest names come from the world of reality television.
Because they are in a world of social media in which followers expect not to pay for content, accepting money from brands has become a way to compensate for the time they put into their accounts.
“If you want to live off your activity, brand sponsorship becomes necessary,” Gwarlann de Kerviler, marketing professor at the IESEG School of Management, told RFI.
“But then there is the issue of balance, and transparence and authenticity.”
It is estimated that most influencers earn less than 5,000 euros a year, but in some cases, a single post published by someone with three million followers can earn up to 25,000 euros.
Reining in bad practices
The proposed legislation is supported by the government, which held several months of public hearings over the issue of regulation after some high-profile influencers got in trouble promoting false products or shady financial schemes.
France already requires brand-sponsored content to be indicated to users, via an explicit disclaimer. The new legislation would require the disclaimer to be included as a banner across photos and videos, and not just included in the description or as a hashtag.
But in a report published in January, the economy ministry’s consumer protection arm, the DGCCRF, found that six of ten influencers in France did not respect this regulation.
It also found influencers promoted fraudulent products, gambling or cosmetic surgery not practiced by health professionals.
Influencers themselves say there are a few bad apples, but have warned lawmakers not to crack down on them because of this.
“Often errors are purely due to lack of information or creators who sometimes find they have gone viral overnight, without knowing much about the rules that must be respected,” Carine Fernandez, the president of the newly-formed Union of Influence and content creators jobs (UMICC), told RFI.
“We just want to contribute to giving them access to the rules and make sure they are respected when they collaborate with brands.”
New rules and responsibilities
Supporters of the legislation say it is intended to protect influencers, as well as consumers.
The bill would subject influencers to the same rules as traditional media, with limits on their promotion of financial products and cryptocurrency, as well as alcohol and tobacco, and health warning labels on the promotion of food with high sugar or salt content.
Filtered or photoshopped images used to promote products will be required to be labeled as such.
For Gaelle Prudencio, a body-positive, plus-sized influencer, addressing filtered images is important, because they are ubiquitous.
“Influencers will post photos that are really touched up, which for me is a red flag,” she told RFI.
“The excessive use of filters has consequences on people who follow us, because an adolescent is not yet clear about their own identity.”
The bill would also ban influencers from promoting cosmetic surgery as part of paid partnerships.
Fines, prison, account bans
Penalties for breaking the new rules would involve fines of up to 375,000 euros, prison time, and – perhaps most importantly for influencers – accounts being suspended temporarily or permanently.
Social media platforms like Facebook, Instagram and TikTok, will be required to set up channels for consumers to report fraud.
Le Maire said he would assign 15 economy ministry agents to respond to fraud alerts, and determine if they should be referred to the courts.
