First law in Europe
“The party is over”: France restricts advertising from influencers
Advertising is the most important source of income for influencers. In France, it will be strictly regulated by law in the future (symbol image).
© Karl-Josef Hildenbrand / DPA
France is the first European country to restrict the advertising of influencers. Cosmetic surgery, tobacco products or gambling can no longer be advertised so easily. Violations can result in penalties of up to 300,000 euros.
A discount code here, a special offer there: Influencers sometimes earn millions as advertising testimonials. Your followers are often fans of the Internet personalities and are therefore easier to tempt to buy than with classic advertising. France is the first European country to pass a law that gives influencer advertising a legal framework. Some items may no longer be advertised at all, others are subject to strict requirements.
France: Influencer law massively restricts advertising
For a long time, social media platforms were an El Dorado for advertising. In the beginning there was almost no regulation. But now the tide has turned. The authorities of different countries have understood that especially very young social media users are easily convinced of products when they are promoted by popular influencers. Often it was and is not obvious at first glance that the bloggers are not showing their followers a product that they use of their own accord and are convinced of, but that they are paid by companies to claim this.
Since 2019, influencers in Germany have had to clearly label advertising when naming a brand – even if they are not paid for it. Such a law did not previously exist in France. But now Paris has reacted and passed a law that follows suit and goes one step further.
The law puts advertising in social networks on the same level as in traditional media such as television or radio. Unlike in Germany, the government goes one step further and also bans the advertising of certain products. Cosmetic surgery, drug or surgical treatments, sports betting and tobacco-free nicotine pouches may no longer be advertised.
There are also restrictions on advertising that uses domesticated animals. Gambling may continue to be advertised, but only with the note “prohibited for minors”. In the event of violations, influencers can expect penalties of up to 300,000 euros.
Even fleeing abroad no longer protects French influencers from criminal prosecution
As “heise.de” reports, Economics Minister Bruno Le Maire said on French television: “The party is over for all those who believe that cheating is free on the Internet.” France is putting a stop to a frequently seen tactic used by influencers: Influencers can no longer escape the law if they move abroad. In order to be able to guarantee criminal prosecution, they will have to appoint a legal representative in the EU in the future if they are outside of Europe. They are also required to take out EU liability insurance to compensate potential victims.
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“It is the first law of its kind in Europe that gives a legal framework to the commercial activities of influencers,” said Republican Senator Sophie Primas.
In Germany, too, the pressure on influencers who operate illegal advertising is growing. In February, a court in Berlin fined an influencer €480,000 for participating in illegal gambling.
Sources: heise.dewith material from AFP