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The deputies of the National Assembly adopted on Thursday March 30th the law on the regulation of influencers. The text, which allows the regulation of their activity in France, will soon be studied by the Senate.
It was time to lift the veil on this profession. On Thursday, the deputies met in the Assembly to vote the law of regulation of the influencers, which gives their activity a legal framework. With 49 votes for and none against, the law was adopted unanimously.
After many polemics, this law comes at the right time to define this profession from a legislative point of view and especially to curb some practices. The law, which should be validated by the Senate, applies to all influencers who address the French. The text also wishes to protect the youngest and to supervise “the activity of the minors in particular for the less than 16 years which will have to obtain an approval near the services of the State. 90% of the sums received from commercial influence will have to be deposited until they reach the age of majority”.
What is an influencer?
The text clearly defines what an influencer is, namely a natural or legal person who uses his or her “reputation to communicate to the public by electronic means content aimed at promoting, directly or indirectly, goods, services or any cause whatsoever in return for an economic benefit or an advantage in kind”.
Therefore, the existence of a written contract between the influencer, the advertiser and its agent if it has one, is mandatory. The document aims at specifying the missions entrusted to the influencer, as well as the terms of remuneration and the rights and obligations incumbent on both parties.
Regulated services and products
“Talents”, another term for those who practice the profession of influencer, is also subject to a series of prohibitions and regulations.
The law regulates advertising for gambling and sports betting. And it is now forbidden to promote cosmetic surgery or medicine, vaping and alcoholic drinks. Advertising for cryptocurrencies is also prohibited. Thus, only players who hold PSAN (digital asset service providers) approval issued by the Autorité des marchés financiers (AMF) will now be able to use influencers to promote themselves. No approval has yet been issued in France.
“France will be the only country in the world where we will not be able to communicate on cryptos. Most of the content creators are looking at where they could go”, laments Owen Simonin, better known as Hasheur, who brings together the largest French-speaking crypto community.
The text also requires the use of filters, which modify the shape of the body or face. Frequently used for advertising purposes, this point aims to protect the mental health of the youngest and most vulnerable on social networks.
The law stipulates that the violation of these rules may be punished by up to two years of imprisonment and a fine of 30,000 euros.
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The deputies of the National Assembly adopted on Thursday March 30th the law on the regulation of influencers. The text, which allows the regulation of their activity in France, will soon be studied by the Senate.
It was time to lift the veil on this profession. On Thursday, the deputies met in the Assembly to vote the law of regulation of the influencers, which gives their activity a legal framework. With 49 votes for and none against, the law was adopted unanimously.
After many polemics, this law comes at the right time to define this profession from a legislative point of view and especially to curb some practices. The law, which should be validated by the Senate, applies to all influencers who address the French. The text also wishes to protect the youngest and to supervise “the activity of the minors in particular for the less than 16 years which will have to obtain an approval near the services of the State. 90% of the sums received from commercial influence will have to be deposited until they reach the age of majority”.
What is an influencer?
The text clearly defines what an influencer is, namely a natural or legal person who uses his or her “reputation to communicate to the public by electronic means content aimed at promoting, directly or indirectly, goods, services or any cause whatsoever in return for an economic benefit or an advantage in kind”.
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The deputies of the National Assembly adopted on Thursday March 30th the law on the regulation of influencers. The text, which allows the regulation of their activity in France, will soon be studied by the Senate.
It was time to lift the veil on this profession. On Thursday, the deputies met in the Assembly to vote the law of regulation of the influencers, which gives their activity a legal framework. With 49 votes for and none against, the law was adopted unanimously.
After many polemics, this law comes at the right time to define this profession from a legislative point of view and especially to curb some practices. The law, which should be validated by the Senate, applies to all influencers who address the French. The text also wishes to protect the youngest and to supervise “the activity of the minors in particular for the less than 16 years which will have to obtain an approval near the services of the State. 90% of the sums received from commercial influence will have to be deposited until they reach the age of majority”.
What is an influencer?
The text clearly defines what an influencer is, namely a natural or legal person who uses his or her “reputation to communicate to the public by electronic means content aimed at promoting, directly or indirectly, goods, services or any cause whatsoever in return for an economic benefit or an advantage in kind”.
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