To be or not to be a French influencer

Since June 9, 2023, new regulations have been implemented in France, specifically governing the influencer profession. These regulations subject influencers to the provisions of the French Consumer Code, regardless of whether they operate within France or abroad (French Law no. 2023-451 to prevent scams and abusive practices by influencers on social medias).

Among the new requirements, influencers must explicitly disclose the commercial or advertising nature of their content or posts using terms like "advertising" or "commercial collaboration." This disclosure must be prominently displayed in French and remain visible throughout the duration of the promotion.

Before the enactment of the Influencer Law, the Toubon law of 1994 (Law no. 94-665 of 4 August 1994 on the use of the French language) underscored the significance of the French language, mandating its use in advertising, including the designation, offer, and presentation of goods, products, or services, whether in written, spoken, or audiovisual form.

Following the implementation of these regulations, the DGCCRF, acting as the overseer for influencers, has levied sanctions against several individuals for deceptive commercial practices. These infractions include the failure to disclose sponsored content or the promotion of illicit or regulated products. These violations may incur penalties of up to two years' imprisonment and a fine of €300,000.

In response to these penalties and risk of such, some influencers have expressed their reluctance to comply with French law and risk sanctions from the DGCCRF. Rather than discontinuing their deceptive commercial practices, they have opted to communicate in English, aiming to circumvent the obligations outlined in the Influencer Law and the French Consumer Code, which apply to individuals targeting a French audience. By switching to English, they seek to expand their reach to an international audience and engage with non-French viewers as defined by law.

In light of this emerging trend, the DGCCRF has reiterated that the provisions of the French Consumer Code are applicable to all influencers, irrespective of nationality or language, as long as they target a French audience. The determination of an audience's nationality is based on various criteria, which may be established through audience research. Furthermore, influencers are obligated to use the French language when promoting products or services to French consumers.