A year ago, on June 1, 2023, the French Senate unanimously adopted a law aimed at regulating commercial influence and combating the excesses of influencers on social media. The law, which was promulgated a few days later, was the result of intense discussions and consultations with industry professionals, as well as extensive media coverage highlighting deceptive commercial practices by some influencers. The law was a bipartisan effort, championed by Socialist deputy Arthur Delaporte and his counterpart from the presidential majority, Stéphane Vojetta.
Despite the new law, a year later, deceptive practices still persist among influencers on platforms such as Instagram, Snapchat, and Telegram. Products and services that are promoted, such as cosmetic surgery, cryptocurrency trading platforms, and “miracle” weight loss products, are often either illegal or heavily regulated. The commercial nature of collaborations between brands and content creators is not always transparent, even among popular influencers. For example, in a sponsored video on May 18, YouTuber Squeezie failed to include the mandatory health warning required by the consumer code for certain foods, adding it only after the video was posted.
Although there are still common uncertainties, content creators are generally increasingly complying with French law. According to a report by the Professional Advertising Regulation Authority (ARPP) published in September, 93% of content released in the first half of 2023 was considered “compliant or improvable” in terms of commercial identification, compared to 89% in 2022, 83% in 2021, and 73% in 2020. This trend indicates that influencers are becoming more aware of their legal obligations and are making efforts to comply with them.
Prior to the new law, the activities of these social media professionals were already partially regulated by other legislation, such as the consumer code. Since 2021, the code stipulated that the commercial intent behind product placements must be transparent. The influence law confirmed and clarified this requirement, making it mandatory for influencers to disclose their commercial partnerships, even when they are not financially compensated. This increased transparency is seen as a positive step towards ensuring that consumers are not misled by sponsored content on social media platforms.
Despite progress in compliance with the new regulations, there is still work to be done to fully address deceptive practices by influencers. The law on influencers has raised awareness about the responsibilities of content creators and brands when engaging in commercial partnerships. Moving forward, continued enforcement of these regulations, as well as increased education and awareness among influencers and their audiences, will be important in ensuring ethical practices in the influencer marketing industry. By holding influencers and brands accountable for their marketing practices, regulators can help protect consumers from misleading advertisements and unfair commercial practices.
