#2023-451Law No. 2023-451 of June 9, 2023, Regulating Commercial Influence and Combatting Influencer Abuses on Social Media
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The law aims to regulate commercial influence and combat the excesses of influencers on social media in France. It establishes clear definitions of commercial influencer activities and sets forth rules for transparency in promotions, requiring influencers to clearly indicate when content is sponsored or altered. The law also prohibits the promotion of certain products and services, such as financial products and unhealthy food items, particularly when aimed at minors.
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Key Changes
- Introduces mandatory disclosure of sponsored content as 'Publicité' or 'Collaboration commerciale'.
- Imposes strict regulations on the promotion of harmful products and services, including tobacco and unsafe financial products.
- Requires contracts between influencers and sponsors to be in writing and comprehensive in detailing responsibilities and compensation.
Obligations
What this law requires
Clearly indicate when content is sponsored or commercially promoted, using visible and identifiable markers in all commercial influence communications on social media platforms
Prohibit any direct or indirect promotion of aesthetic procedures and methods listed in Article L. 1151-2 of the French Public Health Code
Prohibit any direct or indirect promotion of financial products including derivative contracts, digital asset services, token offerings, and digital assets, except when the advertiser is properly registered or authorized under applicable financial regulations
Prohibit any direct or indirect promotion of nicotine-containing products and e-cigarettes
Apply EU Regulation 1924/2006 concerning nutritional and health claims when promoting food and beverages, and comply with Article L. 2133-1 of the French Public Health Code for promotion of sugary drinks, drinks with synthetic sweeteners, and processed food products