The end of the “law of the jungle”, as the deputies who brought this text say. On Saturday, the law intended to regulate the influencers sector was published in the Official Gazette, confirming its promulgation. It was unanimously approved by Parliament on June 1. The industry is now eagerly awaiting their implementation decrees, which should provide details on the changes made to the activity of content creators.
On the sidelines of a meeting with influencers organized by the AD Crew agency, the minister also highlighted that this sector “creates a lot of value, a lot of wealth for the country, it also allows hiring, job creation.” And that many content creators have been following the rules for several years.
This law creates new prohibitions and obligations for influencers and recalls some of them that are sometimes avoided. The text proposes to legally define influencers as “natural or legal persons who, in exchange for a fee, mobilize their notoriety with their audience” to promote goods and services online.
Up to two years in prison and a fine of 300,000 euros
It prohibits the promotion of certain practices – cosmetic surgery, therapeutic abstention – and prohibits or vigorously regulates the promotion of various medical devices. Remember the submission to the Evin law and prohibits the promotion of products that contain nicotine.
It also attacks sports betting and gambling: influencers will no longer be able to promote subscriptions to sports forecasts, and the promotion of gambling and money will be limited to platforms that technically allow to prohibit access to video to minors. The penalties provided for in case of non-compliance will be up to two years in prison and a fine of 300,000 euros.
The bill also prohibits staging with animals whose possession is prohibited. When promotional images, for example cosmetics, are retouched by a filter to make them more attractive, it must be mentioned.
A legal representative in the EU for influential people in Dubai
The “influencer agents” will also be supervised. The written contract will be mandatory when the sums in question exceed a certain threshold. The text also provides for accountability measures for the platforms.
While many successful influencers operate from abroad, such as in Dubai, the text wants to require those who operate from outside the European Union, Switzerland or the European Economic Area to take out civil insurance in the union. The stated goal is to create a jackpot to compensate potential victims. They will also have to name a legal representative in the EU.
At the end of March, the Union of Influencers and Content Creators (Umicc), which has recently represented agencies in the sector, had welcomed “commendable and essential proposals”. But he had alerted parliamentarians to the risk of “over-regulating or discriminating” against certain players.
The next issue is that of controls: the DGCCRF, the administration in charge of suppressing fraud, will be closely scrutinized on this issue after the announcement of the creation of a “commercial influence brigade” within it.
Source: BFM TV
