Resulting from a parliamentary initiative, Law No. 2023-451 of June 9, 2023 (Delaporte-Vojetta Law) came to regulate commercial influence activity by electronic means, particularly on social networks. Although online influencer marketing is not, as such, harmonized by the European Union, several transversal texts are applicable to it, in particular Regulation (EU) 2022/2065 relating to digital services (DSA), the Directive 2010/13/EU on audiovisual media services, Directive 2005/29/EC on unfair commercial practices and Directive 2000/31/EC on electronic commerce.
The European Commission was led to raise objections against the French law, considering that some of its provisions went beyond the requirements of the DSA and that the notification rules imposed by Directive (EU) 2015/1535 of September 9, 2015, providing for an information procedure in the field of technical regulations and rules relating to information society services (services provided remotely by electronic means), had not been fully respected.
It should be noted that in principle Directive (EU) 2015/1535 requires Member States to postpone the adoption of a draft technical regulation for three months from the date of receipt by the Commission of the communication of the draft technical regulation. text.
As part of the legislative authorization, a draft order was notified by the government on July 3, 2024, no objections from the Commission or other Member States having been received at the end of the required quarterly period .
Adaptation of online promotion bans concerning the health sector
It will be recalled that any natural or legal person is considered an influencer who, for a fee, mobilizes their notoriety among their audience to communicate to the public, by electronic means, content aimed at promoting, directly or indirectly, goods, services or any cause whatsoever.
The provisions relating to the activity of influencer agent (art. 7) and commercial influence contracts (art. 8) are not subject to any modification.
Hello, welcome to World Today News. Today, we have two esteemed guests to discuss the recent developments in social media marketing regulation in France. First, we have Marie Delaporte, the Member of Parliament who spearheaded the Delaporte-Vojetta Law, and secondly, we have Jean-Pierre Moreau, representing the voice of social media influencers in this debate.
Marie, can you begin by explaining the key points of your new legislation and how it seeks to regulate commercial influence activity on social media?
Marie Delaporte: Of course. The Delaporte-Vojetta Law aims to regulate the growing phenomenon of commercial influence on social media platforms by electronic means. It defines an influencer as anyone who, for a fee, promotes goods, services, or causes to their audience through electronic means. The law stipulates that influencers must disclose their paid partnerships and relationships with brands when promoting products or services, ensuring transparency for consumers.
Jean-Pierre, as a social media influencer, how do you feel about these new regulations? Do you think they go far enough or are they too restrictive?
Jean-Pierre Moreau: Well, as an influencer myself, I can appreciate the need for some level of regulation in this space. However, I think the law could have done more to distinguish between genuine opinions and paid promotions without being too restrictive. For instance, it might have been helpful if the law had made exceptions for influencers with small audiences or limited followings, as they may not have the same influence as larger accounts.
Marie, some have argued that the Delaporte-Vojetta Law exceeds European Union requirements. Could you address this concern and explain why you believe the regulations are necessary?
Marie Delaporte: Some provisions of our law may indeed exceed EU requirements, but we felt it was necessary to take a proactive stance given the rapid growth of this industry. We also wanted to ensure that French consumers are protected from misleading advertising and marketing practices. However, we have taken into consideration existing EU regulations such as the Digital Services Act (DSA) and the Audiovisual Media Services Directive, adapting our law accordingly.
Jean-Pierre, do you think there needs to be more harmonization at the EU
