Regulate the profession of influencer and agent

The french government has introduced a bill to regulate the activity of influencers on social networks. This proposal aims to define a new liability regime in order to fight against the spread of deceptive and illegal commercial practices in this market. It also aims at making the actors of the influence market more responsible by introducing new administrative and penal sanctions in case of breach of obligations.

Several legislative texts already frame the practice of these commercial partnerships, and the professionals of the sector who are gathered within the Professional Regulatory Authority of Advertising (ARPP) have adopted "good practices" allowing to define the conditions from which the collaboration must be mentioned and according to which modalities. However, in practice, many advertising contents do not indicate the existence of the partnership.

The proposed law aims to fill this gap by defining in the law what an influencer is. Article 1 provides a definition as well as its articulation with other activities provided for by the law, such as the activity of model or those of performer or author. The audience threshold of an influencer will be defined by decree.

Article 1 also aims to establish a legal framework for the activity of "agent" of influencers and, in the interest of legal certainty, establishes the principle of a written mandate contract between the creator and the agent, including mandatory mentions. A decree will define the terms of the mandate and the respective obligations of the parties, as well as the modalities of remuneration. Article 1 finally provides for "penal sanctions" applicable in case of failure to comply with this new formalism.

Article 2, in application of the principles of "transparency" and "fairness" attached to advertising, introduces a new obligation for influencers to explicitly mention the "advertising purpose" of any content disseminated online that is laudatory of a commercial, industrial, artisanal, liberal or agricultural entity, or that is intended to promote the supply of goods or services.

Article 4 obliges platforms to put in place a system to "report illegal or misleading content". Finally, Article 5 requires the government to report within six months on commercial and advertising practices related to the online influence market and social networks. This report will also have to present the possibilities of legal action for victims of unfair commercial practices related to the influence market.