France Takes a Tough Stance on Influencer Advertising
Influencers in Germany have long been required to label advertising on social media, but France is taking things one step further with a new law. The French government has imposed restrictions on influencers and banned advertising for certain products and services. Failure to comply with these legal requirements can result in fines of up to 300,000 euros and imprisonment.
The new law includes bans on advertising sports betting, cosmetic surgery, nicotine pouches, medical, drug, or surgical treatments, and domesticated animals. Advertising for gambling is not prohibited, but it must be marked “prohibited to minors” and can only appear on platforms to which minors have no access. Essentially, all platforms on which high reach can be achieved are out of the question.
Economy Minister Bruno Le Maire declared on French TV: “The party is over for all those who believe that cheating is free on the Internet.” Even influencers who flee abroad and continue to target people in France will not be able to escape the law. They will need to take out liability insurance within the EU to pay compensation to potential victims. In addition, a legal representative must be appointed within the EU.
The French government estimates that the law affects around 150,000 influencers. The Directorate General for Competition, Consumer Protection and Fraud Prevention (DGCCRF) has already banned an influencer from using misleading business practices in her advertising for baby equipment.
Some MPs had called for stricter rules on advertising alcohol or unhealthy food, but these suggestions were reportedly quashed by the second chamber of parliament. Le Maire clarified that only a small minority of influencers engage in abusive practices.
With this new law, France is taking a tough stance on influencer advertising and aiming to protect consumers from misleading or harmful practices.
