The French Parliament passed a law to regulate the activities of social media influencers in an attempt to limit the promotion of dangerous products and trends, reports Prof. Nelly Ognyanova in her “Media Law” blog. The project of two MPs was supported by the entire political spectrum.
In France, influencers are not tens, not hundreds or thousands, they are about 150,000. Some of them are criticized for promoting the consumption of dangerous products or scams.
The law defines influencers as “natural or legal persons who, for a fee, engage use fame to promote goods and services.” They are prohibited from promoting cosmetic surgery, abstinence from treatment, medical devices, nicotine products. There are restrictions on sports betting and gambling.
Influencers are required to disclose whether the images in the ad are processed.
Penalties for non-compliance can be up to two years in prison and a fine of €300,000.
The law also includes measures to hold platforms accountable.
It is believed that for the first time a law in Europe regulates the legal position of influencers and their agents. It was adopted after the Minister of Economy warned that the sector “cannot be the Wild West“.
Considering the influence of France in the global fashion and luxury industry, it is likely that this law will inspire other countries to follow suit, which will lead to more responsible and transparent marketing – predicts Prof. Ognyanova.
Already in 2021 in France, the self-regulatory body in advertising Autorité de Régulation Professionnelle de la Publicité (ARPP) issues certificates for responsible influencers after passing an online exam to know the rules related to their activity.
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