Being an influencer has become one of the most popular and desirable professions today. Influencers are people who have managed to build an audience on social networks, and through their content, they can influence the opinions and decisions of their followers.
Whether it’s fashion, beauty, travel, food, fitness or any other topic, influencers have a great power in the decision making of their audience. But did you know about the law that fines influencers up to 300,000 euros? We explain how France has passed this new law and what it consists of.
THE IMPORTANCE OF REGULATION IN INFLUENCER MARKETING
The lack of regulation in some countries on influencer marketing can lead to situations where content creators promote products without disclosing that they are being paid to do so. This can be misleading to consumers, who may think they are receiving an honest recommendation from an influencer when in fact it is disguised advertising.
Some countries are taking very drastic measures in this sector, since with the great increase of influencers in recent years, it is an issue that is becoming more and more relevant in many European parliaments.
FRANCE TIGHTENS THE LAW, FINING INFLUENCERS UP TO 300,000 EUROS
The French National Assembly recently approved a bill that aims to regulate influencers. According to the document presented, these people are defined as users who use their notoriety to communicate to the public through online media in order to promote goods, services or other causes, in exchange for economic benefits or other advantages. It is estimated that in France there are more than 150,000 influencers who create content for their audience.
WHAT IS THE FRENCH GOVERNMENT LOOKING FOR WITH THIS FINE ON INFLUENCERS?
The new law passed by the French National Assembly seeks to make influencers explicitly state in their paid posts any sponsorship or commercial relationship, including a banner on photos and videos. In this way, influencers are expected to be more responsible in posting content that does not mislead their audience with dangerous products or services.
According to the DGCCRF, some influencers have been identified as promoting cosmetic practices and services that are dangerous to health, as well as encouraging participation in scam schemes. Therefore, the new rules will force influencers to explicitly state when they apply filters or edits to their posts. In addition, the promotion of cosmetic surgeries and cryptocurrencies in their content has also been banned.
According to online newspaper Eleconomista.com, infringement of the new rules could lead to legal consequences, including financial and criminal penalties, such as fines of up to $300,000 euros and the possibility of a prison sentence of up to 2 years. Likewise, the possibility of temporarily or permanently suspending the accounts of influencers who violate the rules is also contemplated.
It is worth noting that Spain is also tightening the law around content creators, as since the General Law of Audiovisual Communication came into force, influencers who do not follow the regulation will be fined for committing an infraction.
CRISTOBAL SORIA, REPRIMANDED FOR CONCEALED ADVERTISING OF CRYPTOASSETS
The regulations establish different fines for non-compliance with audiovisual advertising regulations. For the most serious penalties, as in the case of television audiovisual communication services, the fines range from 500,001 to 1,000,000 euros. On the other hand, for non-compliance by radio and electronic communication providers, penalties can range from 100,001 to 200,000 euros.
Autocontrol, the body that regulates compliance with advertising codes of conduct, has issued a warning to Cristóbal Soria, contributor to El Chiringuito de Jugones and sports commentator, for a publication on his Instagram account in which he promoted a training course on cryptocurrencies without clearly identifying that it was advertising.
With this last case, it can be seen that the laws concerning the promotion in social networks are getting tougher and tougher, so content creators must be more careful when displaying certain content on social networks. If you want to know more about the regulation of influencers, do not miss our article, where we explain what it consists of.
