The Evolution Of Influencer Marketing: Delving Into The Influencers Act of France

Share

Share

In the contemporary landscape of social media, influencer marketing has evolved into a pivotal aspect of brand promotion and consumer engagement. Acknowledging the profound impact of influencers and the imperative for increased transparency, France has recently enacted the Influencers Act, ushering in a new era of regulation aimed at reshaping influencer marketing practices. While garnering both praise and criticism, this legislation extends its influence beyond borders, setting a precedent for responsible practices on the global stage as it is now the first country in Europe to regulate influencer marketing on social media.

The Influencers Act in France, which came into effect on June 1, 2023, aims to regulate and enhance accountability in the influencer marketing industry. The Act sets forth specific guidelines for influencers and brands, which are designed to reshape the way influencer marketing operates in France. The cornerstone of the Act is centered around transparency, as influencers will now be required to explicitly disclose any sponsored content or partnerships. The Act mandates that such disclosures should be made at the beginning of each post, ensuring consumers are aware of the commercial nature of the content from the outset. The Act also requires influencers to verify the authenticity and accuracy of the products or services they promote, and claims related to weight loss, health benefits, and product quality must be supported by factual information. The Act also focuses on protecting vulnerable audiences, particularly minors, as the law requires influencers to exercise caution and discretion when promoting products or services that may be harmful or unsuitable for young viewers. The Act applies to influencers with a French audience, regardless of their location, and non-compliance leads to content reporting and blocking. The Act is expected to have a significant impact on the influencer industry, as it introduces clear guidelines and requirements for influencer marketing activities, and promotes greater transparency, accountability, and ethical conduct in the industry.

Similarly, India has taken regulatory steps in influencer marketing through the Advertising Standards Council of India (ASCI) and the Consumer Protection Act, 2019. The Influencer Guidelines, introduced on June 1, 2021, stress the importance of disclosure on promotional content and underscore the significance of due diligence concerning the endorsed products. Complementing these guidelines, the Department of Consumer Affairs under the Ministry of consumer Affairs, Food and Public Distribution released a guideline named, ‘Endorsement Know-hows!’ for celebrities, influencers, and virtual influencers on social media platforms on January 20, 2023 with the aim to ensure that the celebrities and influencers do not mislead their audiences when endorsing products or services and the endorsements are in compliance with the Consumer Protection Act and associated rules. The Guidelines require that the influencers who have access to the audience and the power to affect their purchasing decisions and opinions shall display disclosures about the ‘material connection’ between the advertiser and celebrity/influencer that is likely to affect the weight or credibility of the endorsements made by them.

The guidelines emphasize upon having clear and straightforward language such as ‘advertisement,’ ‘sponsored,’ or ‘paid promotion’ in endorsements. Celebrities and influencers are advised to conduct thorough due diligence, ensuring the advertiser can substantiate claims and confirm personal experience with the endorsed product or service. Recently, nutrition experts from the National Advocacy in Public Interest (NAPI) criticized Amitabh Bachchan’s endorsement of a biscuit brand, labelling it as ‘deceptive’ and ‘misleading.’. This incident underscores the critical role of due diligence in endorsing products, particularly when drawing parallels with home-cooked food and targeting a child audience. It serves as a poignant example of the responsibility influencers bear in ensuring the accuracy and appropriateness of their endorsements, considering potential health impacts on consumers, especially children.

The introduction of such regulations in both France and India carries profound implications for the influencer marketing landscape. On one hand, these guidelines aim to enhance transparency, protect consumers, and instil ethical practices within the industry. However, challenges loom large. The French law has faced criticism for its stringent requirements, including the mandatory disclosure of filters and photoshop use, and the potential penalties for non-compliance, such as imprisonment and fines of up to €300,000. Critics argue that the law may stifle creativity and innovation in the industry and impose excessive burdens on influencers. Some critics have also raised concerns about the ambiguity of the Act, particularly in relation to the definition of an influencer and the scope of the regulations. They argue that the Act is not clear on what constitutes an influencer, which could lead to confusion and uncertainty in the industry also raised concerns about the potential impact of the Act on small businesses and startups. Additionally, the Act could make it more difficult for small businesses to compete in the influencer industry, as they may not have the resources to comply with the regulations. Enforcement concerns, particularly for influencers based outside France, further add a layer of complexity.

As the influencer marketing ecosystem navigates this regulatory shift, a collaborative approach is essential. Industry stakeholders, including influencers, brands, and regulators, must engage in constructive dialogue to address ambiguities and streamline enforcement mechanisms. Educational initiatives, as planned by the French government, and ongoing awareness campaigns in India are crucial to empower influencers with the knowledge needed for compliance. Professionalization within the industry presents an opportunity for influencers to elevate their credibility and foster trust among their audience. While challenges exist, proactive measures to address concerns and adapt to evolving regulations will be key to ensuring the long-term sustainability and ethical conduct of influencer marketing globally.

In conclusion, the regulatory landscape for influencer marketing is evolving rapidly, with France and India leading the way in setting standards for transparency and accountability. The convergence of these guidelines, despite unique national contexts, signals a broader shift toward responsible practices in an industry that continues to wield significant influence in the digital age.

 

Author: Nitika Nagar


Lawyers.

Interns and Paralegals.

Disclaimer.

As per the rules of the Bar Council of India, we are not permitted to solicit work or advertise. By agreeing to access this website, the user acknowledges the following:

This website is meant only for providing information and does not purport to be exhaustive and updated in relation to the information contained herein. Naik Naik & Company will not be liable for any consequence of any action taken by the user relying on material / information provided on this website. Users are advised to seek independent legal counsel before proceeding to act on any information provided herein.