New French Bill targeting the influencer industry to protect children from mental health issues
The new French bill targeting the influencer industry passed a preliminary vote in the National Assembly and is likely to be adopted in a few months. The bill aims to introduce new requirements for social media influencers. This bill has been in negotiations for a while and has gained attention due to concerns over influencer-promoted scams and their impact on mental health. The main goal of the new bill passed by the French parliament is to protect social media users - especially children - from mental health issues such as anorexia nervosa, bulimia, and depression.
It is not the first bill to address the correlation between social media and mental health issues. There have been previous efforts by different countries and organizations to regulate the influencer industry to protect consumers. However, the French bill is notable in that it places the responsibility on influencers to ensure that their content is compliant with applicable laws and regulations.
There are other countries that have introduced or are considering introducing regulations for influencers, however it is the first bill to directly address a direct protection of mental health . For example, in the United States, the Federal Trade Commission (FTC) has guidelines that require influencers to disclose paid endorsements. In the United Kingdom, the Advertising Standards Authority (ASA) has similar guidelines for influencers and brands. In Germany, there are laws that require social media platforms to remove hate speech and illegal content within 24 hours. In Norway, influencers are required to clearly label sponsored content as advertising. These are just a few examples, and regulations may differ depending on the country and its legal system.
The parliament aims to achieve this by introducing new requirements for social media influencers:
Disclosure of filters and photo editing: Influencers will have to disclose if they are using a filter or if their face and/or body have been photoshopped. This mention has to be visible at all times on the photo or video itself.
Disclosure of paid promotion: When influencers accept a paid promotion, they will have to state clearly that it’s a paid promotion.
Prohibition of certain promotions: Influencers won’t be able to promote cosmetic surgery, financial products and services (including cryptocurrencies), and products that don't meet European certification requirements.
Influencers will have to be more transparent with dropshipping products. For instance, they can’t promote products that don’t meet the European certification requirements as those products shouldn’t be sold in Europe in the first place.
Informational banners about risks: In some cases, influencers can still promote products and services like before, but they need to add an informational banner about the risks involved. That new restriction applies to betting and gambling services, as well as video games that have features that could be considered as betting or gambling.
Disclosure of training program providers: If influencers are promoting a training program, they will have to name the training company behind it.
If influencers fail to meet these requirements, they may face up to six months in prison and a fine of €300,000.