Influencers: Towards more restrictive regulations? The government responds

Game News Influencers: Towards more restrictive regulations? The government responds

The effect was framed better

“I need you“. Bruno Le Maire, Minister of Economy, Finance and Industry and Digital Sovereignty, began his video on Twitter with this statement. “I will tell you about content creators on the internet. (…) There are millions of you that turn to their opinion and recommendations” he continues. These 150,000 influencers”plays a role in our daily lives“, Yes “gives them special responsibility“says Bruno Le Maire.

To avoid what the minister saidscams”, Bercy wants to regulate the sector, as do some creators who advertise miracle investments and harmful products. by enforcing a good code of conduct. “My goal is to protect consumers from potential scams and support responsible influencers. We just have to agree on a certain number of rules, a certain number of behaviors” declares Bruno Le Maire. If the rules are not followed, those affected “was punished with great severity” assures the Minister of Economy. Several regulatory bodies are already responsible for monitoring the content creator sector, such as the DGCCRF, the Autorité des Marchés Financiers and the Autorité Nationale des Jeux. The government’s ambition here is to better enforce the existing law.

We are committed to protecting the influencer who creates wealth. We will clarify the rules with the site and guides. By making the rules clearer and more accessible, fraudsters will have no more excuses. Bercy

“The impact affects freedom of expression, marketing and sales. As a protector of consumers, as a protector of economic sectors and as a minister whose task is to develop creativity and the economy, it was necessary to grasp the subject. But it had to be done the right way“Bercy will answer us during the Team interview on January 17, 2023. That’s why the ministry holds a roundtable in mid-December, and then brings together eight working groups each week with input from agencies, influencers, academics and advertisers. on four topics: rights/obligations, consumer protection, intellectual property and governance.

Labeled “Responsible Broadcaster”.

The government’s goal is to make it work.”The best possible code of conduct for the world of influencers in the coming months, the most effective, the fairest and the best” according to Bruno Le Maire. To help him in this mission, website It is posted online where the French can express their opinions in eleven events divided into four themes. These include developing an information website on intellectual property rights, creating a practical guide presenting the legal obligations of influencers, banning the promotion of certain products, introducing additional vetting fees for digital platforms, professional federation and responsible label, empowerment for watchdogs and influencers, influencers and agencies. establishing binding contractual frameworks to better regulate agreements between brands/advertisers.

“Besides the meetings, it was necessary to ask the French what they thought about these subjects. This site is a new method of Bercy, we do not pretend that the State knows better, in a regulated sector, the regulators will come with a big jam. We are listening and working on a number of measures in parallel“Bercy tells us. According to the figures sent to us, more than 10,000 donors have participated so far.”In France, the principle is freedom. If you apply too many rules to a profession, it becomes a regulated profession like doctor, notary, lawyer. Influencers have a lot of responsibility, but not to the point of being a regulated profession“.

We want more pedagogy and regulation, above all we don’t want to curb creativity. People cannot be accused only of morality. It is difficult for the state to regulate morality. We rely on everyone’s responsibility. There are anti-discrimination and non-defamation rules that apply to all French people, not just influencers. Bercy

In facts, each size can be recorded with expressions (“similar tovery convenient“, “convenient“, “it is quite inconvenient“, “it is completely inconvenient“). They can also be commented on. Some users took the opportunity to suggest banning commercial partnerships with broadcasters who don’t pay their taxes in France, tracking anything related to in-kind rewards, or even holding the influencer responsible for popular products in the video. Proposals that make the government think. “We want to introduce the obligation to have a written contract when quid pro quo. If there is a contract, there is transparency in remuneration. It didn’t exist, despite the rules that existed before“Bercy declares. Before adding: “If we cannot apply legal representation, we look to the law. If you want to be published in French media, you must have a presence that can be taxed and enforced in France, even if you live in Dubai.“.

There are many tax treaties between France and different countries. Sometimes there are regular inspections that lead to sanctions. Our luck is that distribution platforms are international and can cut off an influencer’s access if they don’t respect French regulations. Bercy

A battery of tools

As reminded by the Ministry of Economy, there are already legal texts addressing influencers. But the fact that their obligations are based on multiple sources, from the civil code to the consumer code and the criminal code, makes it difficult to navigate. In the same sense, the law already obliges content creators to show commercial intentions in their publications and to respect a certain number of criteria when talking about a product or service. The Good Conduct Guide aims above all to raise awareness of one’s obligations. FYI, European regulations will soon introduce transparency obligations regarding influencers on digital platforms. The latter will have to establish a system for reporting illegal content, especially those published by content creators.

Platforms are playing the game now. They often use net neutrality to tell us that we don’t have to go and see what’s going on. In fact, they know how to modulate the pipes according to their internal politics. We say that if they can do it for their domestic politics, they can do it for the state. They weren’t happy and we’re playing on a streak, which is not easy. Regarding European law, especially DSA and DMA, there will soon be a European regulation that will come into effect in France this year, requiring platforms to have reporting tools. For our part, we are studying the possibilities of deviating from European law. Bercy

As for the calendar, the consultation will end on 31 January 2023. The final results will be known in mid-February, and the ministry will work on implementation during March. Later, the draft laws will be submitted to the Milli Majlis, where amendments can be made.