March, 2023
There’s no denying the power of influencers in the world of social media. In France, there are thought to be around 150,000 influencers in the country, and more and more people are joining this growing profession. However, the lack of transparency in the sector has led to France following in the footsteps of other European countries and wanting to adopt a code of conduct for influencers.
The French Ministry of Economy and Finance conducted a public, online consultation on influencers from 9 to 31 January via the platform Make.org, during which it presented several measures for regulating this booming sector.
Surprisingly, the measures received a high level of support from participants, and included the implementation of a responsible label and strengthening the role of supervisory authorities. The findings of the consultation will be presented by Le Maire, the Minister of Economy and Finance, in mid-March, and the National Assembly is expected to present an official plan at the end of the same month.
Some French influencers, such as Léa Elui, with 11 million followers on Instagram, Pierre Boo, with 13 million followers on TikTok and Lucas Hauchard with more than 17 million subscribers on YouTube, have much more impact than traditional TV channels. Being mentioned in one of their posts can be highly beneficial for brands and is one of the most widely-used marketing strategies.
However, on 23 January, the DGCCRF stated that 6 out of 10 influencers do not comply with advertising regulations or consumers’ rights, so the French government saw an urgent need to regulate the sector.
In France, a legal definition of ‘influencer’ has not yet been established in order for those who carry out this activity to comply with the corresponding laws. The French government plans to establish an official definition of the terms ‘influencer agent’, ‘influencer/content creator’, codifying them in a legal text, basing the definition on commercial influence as opposed to a minimum number of followers.
On another note, the numerous cases of fraud in the influencer sector is concerning, where some influencers do not disclose when they are being paid to promote a product or service.
In this respect, France seeks to ensure that online platforms implement procedures for removing illegal content, and for deleting accounts in the case of repeat offences. It has therefore proposed a Digital Service Act (DSA), a European Union regulation that establishes rules of conduct for which the platforms will be responsible, and which will also apply to content promoted by influencers.
Another measure proposed is to ban the promotion of certain products, such as cosmetic interventions, drugs, online gambling and high-risk investments, in order to protect millions of young users and vulnerable consumers. With this proposal, the government seeks to ensure that contracts between influencers and brands comply with French legislation.
This measure is a response to the numerous recurrent controversies in the sector, including the dubious collaborations of Emma CakeCup, who promotes untrustworthy dropshipping sites (a business model that involves selling third-party products, usually at a higher price, by creating an online shop with a catalogue but no actual stock), and Maeva Ghennam’s excessive promotion of cosmetic interventions aimed at a young audience on social networks. With regard to alcohol advertising, the French government plans to apply the Évin law to the influencer world to ensure responsible advertising.
In addition, Stephane Vojetta, member of the French National Assembly, announced in an interview with Capital that they are considering adding to the law certain aspects that are not directly related to commercial influence, such as rules for preventing female discrimination, the banning of sexist stereotypes and the obligation to explicitly indicate when content has been edited, by means of a banner or hashtag.
With these introductions, the French government aims to foster a culture of equality and transparency on digital platforms and social networks, promoting values that extend beyond the commercial sphere.
The adoption of ethical codes of conduct for influencers in France is a necessary measure for increasing responsibility in the sector, and an important step towards marketing that is more honest and fairer for all involved. With this new regulation, influencers will need to be more careful when promoting products and will have to disclose any financial relationships they have with brands.
So, if you’re thinking about marketing your products in France, or using influencers in the future, it’s important to stay informed about new requirements for compliance with the regulations if you want to avoid legal problems and to maintain the trust of your clients.