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The regulation of influencer advertising
Strict regulation for increased transparency: the law of 9 June 2023 was adopted to regulate the booming advertising activity of influencers.
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Strict regulation for increased transparency: the law of 9 June 2023 was adopted to regulate the booming advertising activity of influencers.
Law No. 2023-451 of 9 June 2023 With the rise of social networks, commercial influence has become a powerful vector of advertising.
In response to this, the government adopted law No. 2023-451 of 9 June 2023 to regulate this online activity. This article provides you with details on this law, which is crucial for web agencies and e-commerce sites.
Framing of commercial influence
The law defines the activity of commercial influence as that carried out by:
“natural or legal persons who, for remuneration, use their notoriety to promote goods, services or any cause to their audience via electronic channels. This broad definition covers a wide range of activities and platforms.”
Application of online advertising regulation
Article 3 of the law reaffirms that all legal and regulatory provisions, as well as the European regulations relating to the broadcasting of advertising, apply to the activity of commercial influence.
This includes regulation (EC) No. 1924/2006 of the European Parliament relating to nutrition and health claims, as well as several articles of the public health code, the consumer code, the monetary and financial code, and the sports code.
Protection of minors and specific limitations
When the activity of commercial influence is carried out by a person under sixteen years of age, law No. 2020-1266 of 19 October 2020 applies. The employer must obtain a prior individual authorisation from the competent authority. This protects young influencers against exploitation.
Furthermore, the law sets out several prohibitions such as the promotion of cosmetic procedures, of products containing nicotine, of animals not listed in article L. 413-1 A of the environmental code, of certain financial products and services, of subscriptions to sports tips or predictions, of gambling to users under eighteen years of age, and of certain job offers.
Increased transparency and defined responsibilities
Transparency is at the heart of the law.
Any promotion must be clearly indicated as such, with the mention "Advertising" or "Commercial collaboration".
If the images are modified or generated by artificial intelligence, they must be accompanied by the mention "Retouched images" or "Virtual images".
When it concerns a promotion for vocational training financed by a specific body, detailed information must be communicated. This includes information on the financing, the commitments, the eligibility rules and the providers of the training.
The law also specifies that influencers are liable towards the buyer. They must provide the buyer with detailed information on the supplier and ensure the availability and legality of the products.
Law No. 2023-451 of 9 June 2023 is a major milestone in the regulation of online advertising and commercial influence.
It protects consumers and establishes a clear framework for influencers, who remain subject to the classic French regulation.
Compliance with these rules is not only a legal obligation, but also an opportunity to build a relationship of trust with customers, improve your brand's reputation and promote a fair and ethical commercial practice.
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To learn more
What is the purpose of the law of 9 June 2023?
Law No. 2023-451 of 9 June 2023 regulates the advertising activity of influencers, booming with social networks. It aims for greater transparency and holds the players of commercial influence accountable, influence having become a powerful advertising vector for the public.
How does the law define commercial influence?
As the activity of natural or legal persons who, for remuneration, use their notoriety to promote goods, services or a cause to their audience via electronic channels. This broad definition covers a wide variety of activities and platforms.
Do the classic advertising rules apply to influencers?
Yes. Article 3 of the law reaffirms that all legal and regulatory provisions and European regulations on advertising apply to commercial influence, including the rules on nutrition and health claims and several sectoral codes.
What protections for minor influencers?
When the activity is carried out by a person under sixteen years of age, the law of 19 October 2020 applies. The employer must obtain a prior individual authorisation from the competent authority. The law thus surrounds the influence of minors with particular guarantees.
Which sectors are particularly regulated?
Promotion relating to health, nutrition claims, financial products, sport and other regulated areas is subject to strict rules from several codes. An influencer who advertises them must comply with these frameworks under penalty of sanctions.
What does an influencer risk in the event of non-compliance?
Non-compliance with transparency rules or sectoral regulations exposes the influencer, but also the advertiser, to sanctions and the establishment of liability. The law aims to hold the entire advertising chain accountable.
Does this law concern web agencies and e-merchants?
Yes. Web agencies and e-commerce sites that use influencers must incorporate this framework into their campaigns: compliant written contracts, transparency of content, compliance with sectoral rules. Compliance protects the advertiser as much as the influencer.
How to become compliant with this regulation?
By contracting in writing according to the law's requirements, clearly identifying commercial content and complying with the rules specific to each sector promoted. Legal support makes it possible to secure campaigns and avoid the sanctioned misleading practices.
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