“We wanted to go further”: the Senate wants to toughen the sanctions that influencers incur

After voting on a reformed text in the Commission, the Senate debates on May 9 the text that aims to better regulate the activity of influencers and fight against excesses on social networks. Senate rapporteur Amel Gacquerre (centrist) believes that it is above all a matter of responding to a request from citizens and protecting consumers.

The Senate Commission wanted to reinforce the text proposed by the deputies Arthur Delaporte and Stéphane Vojetta, voted unanimously in the National Assembly on March 30.

Thus, the amendments voted in the Commission reinforce the sanctions: if the influencer does not explicitly specify the advertising nature of a publication with an “advertising” mention, he incurs up to two years in prison, instead of the 6 months of the voted text. by the deputies, and a fine of 300,000 euros.

Beyond the ban on the promotion of cosmetic surgery, the senators added a ban on the promotion of therapeutic abstention, nicotine packets or even subscriptions to sports betting forecasts. Senators will also require the “No one under 18” statement if influential people promote the game.

Debates that promise to be appeased

During the work carried out in the Commission, various actors in the sector were interviewed, including the influencer agent Magali Berdah, who advocated better training for influencers and called for the creation of a “healthier” environment.

The senator is quite confident when it comes to debates.

The associations Foodwatch and Addictions France published a column on May 8 in Release asking senators to address the issue of promoting alcohol and junk food influencers. Amel Gacquerre “obviously shares this observation. But we have to take things in stages and approve this first text to lay the foundations.” He also stresses the need to be alert to this sector “very difficult to regulate.”

In France, the number of influencers is estimated at 150,000 of which only 15% would do their job full time. The General Directorate for Competition, Consumption and Fraud Prevention (DGCCRF) has published a study in which it states that 60% of the influencers controlled since the beginning of the year are likely to be prosecuted for deceptive commercial practices.