France is finalizing a law that seeks to regulate the commercial activities of influencers and protect consumers from possible fraud or scams.
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The regulation, which has already been approved by the National Assembly and the Senate, prohibits promoting cosmetic surgery and subscriptions to sports betting applications.
It also forces influencers to state whether they have been paid to promote a product, if images have been retouched or if a person’s figure or face have been created with the help of artificial intelligence.
If a person breaks the rules, they may face up to two years in prison, a €300,000 ($320,000) fine and be banned from carrying out commercial activities on social media.
The proposed law builds on current French legislation that strictly regulates the advertising of products such as tobacco or alcohol. While the current law requires transparency in advertising, the new bill would require influencers to include a banner indicating that a post has been sponsored.
Influencers will also have to indicate whether filters have been used. An amendment, added in the Senate, also requires social media users to state whether a figure or face have been created with AI. Vojetta hopes these rules will prevent young people from “being dominated by unrealistic body representations.â€
The bill also bans influencers from promoting cosmetic surgery, “therapeutic abstention†(stopping medical treatment) and certain financial products such as cryptocurrencies. Paid partnerships for gambling will only be allowed on platforms off-limits to minors. The bill also bans the exploitation of wild animals such as bears or lion cubs.
The bill provides a legal definition of influencer, defining the figure as someone who “directly or indirectly promotes goods, services or any cause†for money.
It states that both the brand and the influencer are responsible for what content is posted, and that the relationship between the two must be regulated by a contract.
Influencers who reside outside the European Union must appoint a legal representative in the EU and take out civil insurance. ■