– The genesis of regulation: clash and investigation
It all starts in the summer of 2022, when rapper Booba engages in a clash on social networks, denouncing the scam practices of “influvoleurs”, a term used to designate influencers practicing questionable methods (drop-shipping, questionable product placements, promotions of products prohibited from advertising, etc.). The founder of the controversial agency Shauna Events, Magali Berdah, finds herself at the center of the controversy. In September 2022, justice opens an investigation into “deceptive commercial practices” against his agency, revealing to the general public the abuses of the influencer profession and the agencies that represent them.
– First legislative proposals and professional federations
In reaction to these revelations, several deputies are issuing legislative proposals in November 2022 aimed at regulating the practices of the sector and protecting consumers. December 2022, the government takes up the subject and convenes a meeting in Bercy « table ronde » in which influencer agencies, platforms, advertisers, the Financial Markets Authority (AMF), the National Gaming Authority (ANJ) and, for the Ministry of the Economy, the General Directorate of Enterprises ( DGE), that of public finances (DGFiP) and competition (DGCCRF).
In the process, seven marketing influence agencies announced that they were forming a professional federation. The UMICC, the Union of Influence Professions and Content Creators, was created in January 2023, to which many professional bodies in the influence sector are members. One of the priority projects consists of the establishment of a charter accompanied by a “creator label”, in partnership with the ARPP. In June 2023, the Association for Ethical Influence (APIE) was launched in turn, a group of optimistic and passionate actors who wish to encourage and support the development of ethical and responsible influence marketing.
– Birth of the influencer law
Following an online consultation of the population by the government – in which 19,000 people participated – working groups were formed, in consultation with all stakeholders in the sector. On March 24, 2023, the Ministry of the Economy presented the results to Parliament. The transpartisan bill, carried by deputies Arthur Delaporte and Stéphane Vojetta, is retained. Her name : “LAW No. 2023-451 of June 9, 2023 aimed at regulating commercial influence and combating the excesses of influencers on social networks”. The text aims to define the profession of influencer as “natural or legal persons who, for a fee, mobilize their notoriety among their audience” to promote goods and services online, and to make influence a commercial activity in its own right, subject to the same rules and sanctions as any other profession.
In detail, the law prohibits the promotion of certain practices – cosmetic surgery, therapeutic abstention – and prohibits or strongly limits the promotion of several medical devices. It recalls submission to the Evin law and prohibits the promotion of products containing nicotine. It also attacks sports betting and games of chance: influencers will no longer be able to promote subscriptions to sports predictions, and the promotion of games of chance and gambling will be confined to platforms which technically allow prohibit access to the video for minors. The proposed law also prohibits staging with animals whose possession is prohibited. When promotional images, for cosmetics for example, are retouched using a filter to make them more attractive, this must be mentioned.
– New deal: a request for modification by orders
But while the law is still under discussion, the government announces, on November 16, 2023, its intention to ask Parliament for the possibility of modifying by ordinance the transpartisan law adopted in June. This initiative follows criticism from European Commissioner Thierry Breton, accusing France of having taken measures without consulting the European Commission. The government justifies this approach by citing the need to adapt the law to the regulation of the Digital Services Act (DSA) of the European Union.
Although the Ministry of Economy and Finance says most of the law will remain intact, there are plans to revise some articles. The envisaged adjustments mainly concern procedural and technical aspects, but raise questions about the stability and effectiveness of the current regulations. The influence marketing market finds itself at a pivotal moment, between the aspiration for clear rules and the challenge of adapting to European standards. The year 2023 ends on a note of uncertainty regarding the future of the sector, but with the promise of more precise and adapted regulation.
2023-12-13 22:39:01
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