#2024-978Ordinance No. 2024-978 on Regulating Commercial Influence
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The ordinance modifies the existing law on commercial influence to impose stricter regulations on the activities of influencers on social media in France. It explicitly prohibits the promotion of certain harmful products and practices, including aesthetics-related methods that pose health risks, nicotine products, non-therapeutic treatments, and the involvement of certain types of animals in promotional content. Additionally, it requires transparency regarding image modifications in advertisements and mandates insurance for non-EU influencers targeting the French market.
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Key Changes
- Revision of influencer definitions and prohibited promotions including aesthetic procedures and nicotine products.
- Mandatory disclosures for image modifications and promotions related to professional training.
- Requirements for non-EU influencers to designate a representative in the EU and maintain insurance.
Obligations
What this law requires
Influencers must not promote aesthetic methods, procedures, techniques, or treatments that pose health risks as listed in article L. 1151-2 of the French Public Health Code
Influencers must not promote non-therapeutic products, acts, procedures, techniques, or methods presented as comparable, preferable, or substitutable to therapeutic acts, protocols, or prescriptions
Influencers must not promote nicotine products that can be consumed and contain nicotine in any form
Influencers must not promote animals not listed in article L. 413-1 A of the French Environmental Code, except authorized establishments holding such animals under article L. 413-3
Images modified to alter silhouette or facial appearance must be labeled with the clear, legible mention 'Images retouchées' (Retouched Images); images produced by artificial intelligence must be labeled 'Images virtuelles' (Virtual Images)